Former employee loses disability discrimination and unfair dismissal claims against DWP
A former employee's claims of disability discrimination and unfair dismissal against the Department for Work and Pensions have been dismissed by the Manchester Employment Tribunal.
1 min read · Last updated 18 May 2026
Case details
- #disability-discrimination
- #unfair-dismissal
- #muscular-skeletal-damage
- #knee-degeneration
- #reconsideration-refused
Key facts
- The claimant had muscular skeletal damage and degeneration of her right knee.
- The claimant was found to satisfy the definition of disability under s6 Equality Act 2010.
- The claimant's complaints of disability discrimination under s15 and unfair dismissal were dismissed.
- The claimant's application for reconsideration of the disability finding was refused.
- The medical evidence did not support some of the claimant's evidence.
Timeline
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Preliminary hearing on disability
Employment Judge Sharkett heard evidence and determined that the claimant satisfied the definition of disability under s6 Equality Act 2010.
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Judgment on disability
Employment Judge Sharkett issued a judgment confirming the claimant's disability status.
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Judgment sent to parties
The disability judgment was sent to the parties.
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Claimant applied for reconsideration
The claimant submitted a 7-page application for reconsideration of the disability judgment.
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Reconsideration refused
Employment Judge Sharkett refused the reconsideration application, finding no reasonable prospect of varying the original decision.
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Reconsideration judgment sent
The refusal of reconsideration was sent to the parties.
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Full hearing day 1
Employment Judge Aspinall heard the claimant's complaints of disability discrimination and unfair dismissal.
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Full hearing day 2
Continued hearing.
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Full hearing day 3 and judgment
Employment Judge Aspinall dismissed both complaints.
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Final judgment sent
The judgment dismissing the claims was sent to the parties.
The legal issue
The tribunal had to decide whether the former employee was unfairly dismissed and whether the Department for Work and Pensions subjected her to discrimination arising from disability under section 15 of the Equality Act 2010.
The outcome
The tribunal dismissed both complaints of disability discrimination and unfair dismissal.
The key reason was that the medical evidence did not support the claimant's case. The tribunal found that the respondent had acted reasonably in the circumstances.
No compensation was awarded as the claims were dismissed in full.
Lessons & takeaways
- Ensure you have strong medical evidence to support your disability discrimination claim; weak or contradictory evidence can undermine your case.
- A tribunal will not reconsider a decision just because you disagree with the outcome; reconsideration requires new evidence or a clear error.
- Representing yourself can be challenging; consider seeking legal advice or representation to present your case effectively.
- Keep detailed records of your condition and any adjustments requested; this can help support your claim.
What this case shows in practice
This case demonstrates the importance of robust medical evidence in disability discrimination claims. The former employee had muscular skeletal damage and degeneration of her right knee, and the tribunal accepted she was disabled under the Equality Act. However, when it came to the substantive claims of discrimination and unfair dismissal, the medical evidence did not support her case. The tribunal found that the Department for Work and Pensions had acted reasonably, and both claims were dismissed.
What the losing side could have done differently
The claimant represented herself, which can be a significant disadvantage. With legal representation, she might have been able to present her evidence more effectively. Additionally, the medical records she provided did not fully support her account. Ensuring that medical evidence is comprehensive and directly relevant to the claims is crucial. The tribunal noted that her witness statement did not address all aspects of the impairments, which may have weakened her case.
Why the result matters for similar claims
This case serves as a reminder that even if an employee is found to be disabled, they still must prove that the employer's actions were discriminatory or unfair. The tribunal will scrutinise the evidence carefully, and if the medical records do not align with the employee's testimony, the claim is likely to fail. It also highlights the high threshold for reconsideration; the tribunal refused the claimant's application, emphasising the importance of finality in litigation.
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