Disability discrimination win leads to £141,264 after ACAS uplift and grossing-up correction
A former employee with disabilities was awarded £141,264.70 after Exclusive Fireplaces and Stoves Ltd failed to make reasonable adjustments and discriminated against them. The award was increased on reconsideration due to a tax grossing-up error.
2 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant succeeded in claims of failure to make reasonable adjustments, discrimination arising from disability, direct disability discrimination, and unfair dismissal.
- The respondent's response was struck out, and the tribunal determined the claim in their absence.
- The original award of £127,418.06 was varied on reconsideration to £141,264.70 due to a computational error in grossing up.
- The claimant was represented by counsel; the respondent did not appear or was not represented.
- The ACAS Code of Practice uplift of 15% was applied to the disability discrimination compensation.
Timeline
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Respondent's response struck out
The respondent's response was struck out, allowing the tribunal to determine the claim in their absence.
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Final hearing
The final hearing on liability and remedy took place via CVP at Reading Employment Tribunal.
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Original judgment issued
Employment Judge Reindorf issued a judgment ordering the respondent to pay £127,418.06.
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Judgment sent to parties
The written record of the judgment was sent to the parties.
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Claimant applied for reconsideration
The claimant applied for reconsideration, arguing the grossing up calculation was incorrect.
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Reconsideration application filed
The claimant's application for reconsideration was formally filed.
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Tribunal sought respondent's views
The tribunal emailed the respondent seeking their views on the reconsideration application, with a deadline of 11 July 2022.
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Reconsideration judgment issued
Employment Judge Reindorf allowed the reconsideration and varied the award to £141,264.70.
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Reconsideration judgment sent to parties
The reconsideration judgment was sent to the parties.
The legal issue
The tribunal had to decide whether the employer's conduct amounted to disability discrimination and unfair dismissal, and what compensation was appropriate, including the correct tax grossing-up of the award.
The outcome
The tribunal ruled in favour of the former employee on all claims: failure to make reasonable adjustments, discrimination arising from disability, direct disability discrimination, and unfair dismissal.
The respondent's response had been struck out, so the case was determined in their absence. The original award of £127,418.06 was later varied to £141,264.70 after the claimant successfully applied for reconsideration due to a computational error in the grossing-up calculation.
Compensation breakdown:
- Financial losses for disability discrimination: £69,794.90
- ACAS Code uplift (15%): £17,448.25
- Injury to feelings: £15,000
- Grossing up (corrected): £36,136.93
- Basic award for unfair dismissal: £2,884.62
Lessons & takeaways
- If an employer fails to engage with tribunal proceedings, their response may be struck out and the case decided against them in their absence.
- The ACAS Code of Practice uplift can significantly increase compensation for discrimination claims where the employer has not followed proper procedures.
- Tax grossing-up calculations in discrimination awards are complex and errors can be corrected via reconsideration, so it is worth checking the arithmetic.
- Employers must take reasonable steps to accommodate disabled employees, or risk substantial compensation for multiple types of discrimination.
What this case shows in practice
This case highlights the serious consequences for employers who fail to engage with tribunal proceedings and who do not meet their duties towards disabled employees. The former employee, who was disabled, brought claims after their employer, Exclusive Fireplaces and Stoves Ltd, did not make reasonable adjustments and treated them unfavourably because of their disability. The employer did not file a response in time, and their response was struck out, meaning the tribunal could decide the case without their input.
The tribunal found that the employer had discriminated against the employee in several ways: failing to make reasonable adjustments, discrimination arising from disability, and direct disability discrimination. The dismissal was also unfair. Because the employer had not followed the ACAS Code of Practice on disciplinary and grievance procedures, the tribunal applied a 15% uplift to the discrimination compensation.
What the losing side could have done differently
The employer could have avoided this outcome by engaging with the tribunal process from the start. Filing a response and attending the hearing would have allowed them to present their side of the story. More fundamentally, they could have taken steps to accommodate the employee's disability, such as making reasonable adjustments to their role or workplace. Had they done so, the claims of discrimination might not have arisen, and the dismissal might have been fair.
Why the result matters for similar claims
This case is a reminder that tribunals will not hesitate to award substantial compensation where employers have discriminated against disabled employees and failed to follow proper procedures. The total award of over £141,000 includes compensation for financial losses, injury to feelings, and a basic award for unfair dismissal, plus an uplift for non-compliance with the ACAS Code. The initial error in the grossing-up calculation was corrected on reconsideration, showing that claimants should carefully check the arithmetic of awards, especially where tax is involved.
For employees considering bringing a claim, this case demonstrates the importance of legal representation and the potential for significant compensation when discrimination is proven. It also shows that even if an employer does not defend the case, the tribunal will still scrutinise the evidence and award appropriate damages.
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