Dismissed after crying at work: tribunal finds disability discrimination by default
A former worker with fibromyalgia and other disabilities was awarded £84,599 after her employer failed to defend claims of disability discrimination. The tribunal entered default judgment when the company did not respond.
1 min read · Last updated 18 May 2026
Case details
- #disability-discrimination
- #fibromyalgia
- #degenerative-disc-disease
- #borderline-personality-disorder
- #default-judgment
- #injury-to-feelings
- #loss-of-earnings
Key facts
- The claimant was employed by the respondent under an 'Independent Contractor Services Agreement' but considered herself a worker.
- The claimant had disabilities including fibromyalgia, degenerative disc disease, and borderline personality disorder.
- The claimant was dismissed after correcting spelling mistakes, introducing herself on Basecamp, and crying during induction after being reprimanded.
- The respondent did not file a response to the claim, leading to a default judgment.
- The tribunal found the respondent liable for failure to make reasonable adjustments, discrimination arising from disability, and harassment related to disability.
- The claimant was awarded £84,599.31 in compensation for injury to feelings and loss of earnings.
Timeline
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Claim presented
The ET1 claim form was received by the tribunal.
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Unfair dismissal claim struck out
Employment Judge Broughton struck out the unfair dismissal complaint because the claimant had less than two years' service.
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Default judgment hearing
Employment Judge McCluggage held a hearing by telephone. The respondent did not appear. The judge entered default judgment on disability discrimination claims.
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Judgment issued
The default judgment was signed, finding the respondent liable for failure to make reasonable adjustments, discrimination arising from disability, and harassment.
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Remedy hearing
A remedy hearing was held by Cloud Video Platform. The respondent did not appear. The claimant gave evidence.
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Remedy judgment signed
Employment Judge McCluggage signed the remedy judgment awarding £84,599.31.
The legal issue
The tribunal had to decide whether the employer was liable for disability discrimination when it dismissed a worker who had fibromyalgia, degenerative disc disease, and borderline personality disorder, after she exhibited symptoms of her disability such as fatigue and emotional distress.
The outcome
The tribunal found the employer liable for disability discrimination, including failure to make reasonable adjustments, discrimination arising from disability, and harassment. The employer did not attend the hearing or file a response, so judgment was entered by default.
Compensation awarded:
- Injury to feelings: £25,000
- Loss of earnings: £59,599.31
- Total: £84,599.31
Lessons & takeaways
- Employers must respond to tribunal claims or risk a default judgment, which can lead to significant compensation awards.
- Dismissing an employee for behaviour linked to a disability, without considering reasonable adjustments, can amount to discrimination.
- Workers with less than two years' service cannot claim unfair dismissal but can still bring disability discrimination claims.
- Employers should consider whether an employee's conduct is a symptom of a disability before taking disciplinary action.
This case shows how a failure to engage with tribunal proceedings can have costly consequences. The worker, who had fibromyalgia, degenerative disc disease, and borderline personality disorder, was dismissed after a difficult first day. She had corrected spelling mistakes in an induction document, introduced herself on Basecamp, and cried after being reprimanded. The tribunal found that her behaviour was linked to her disabilities, including fatigue and emotional dysregulation.
What the employer could have done differently
The employer did not file a response to the claim or attend any hearings. If they had, they might have argued that the dismissal was for a non-discriminatory reason or that reasonable adjustments were not required. However, by staying silent, they lost the chance to defend themselves. The tribunal entered default judgment and awarded £84,599.31, including £25,000 for injury to feelings and £59,599.31 for loss of earnings.
Why this matters for similar claims
This case is a reminder that disability discrimination claims can succeed even when the employer does not participate. It also highlights that workers with less than two years' service cannot claim unfair dismissal but can still bring discrimination claims. For anyone considering a similar case, it shows the importance of gathering evidence linking the employer's actions to the disability, and that a default judgment can lead to substantial compensation if the employer fails to respond.
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