Disability discrimination by employer who failed to engage: £22,748 awarded
A former employee with PTSD was awarded over £22,700 after her employer discriminated against her because of her disability and then failed to defend the claim.
1 min read · Last updated 18 May 2026
Case details
- #disability-discrimination
- #post-traumatic-stress-disorder
- #injury-to-feelings
- #unauthorised-deductions
- #holiday-pay
Key facts
- The claimant was employed by the respondent for less than two years.
- The respondent's response was struck out due to unreasonable conduct.
- The claimant was found to be disabled due to PTSD, depression, anxiety and panic attacks.
- The respondent directly discriminated against the claimant because of her disability.
- The respondent also discriminated against the claimant for something arising from her disability.
- The respondent failed to pay holiday pay and made unauthorised deductions from wages.
Timeline
-
Employment ended
The claimant's employment with the respondent ended on or around this date.
-
Unfair dismissal claim struck out
Employment Judge Swann struck out the unfair dismissal complaint because the claimant had less than two years' service.
-
Respondent given opportunity to respond
The tribunal gave the respondent an opportunity to make representations as to why its response should not be struck out.
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Respondent's response struck out
Employment Judge Ahmed struck out the respondent's response due to unreasonable conduct.
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Final hearing and judgment
Employment Judge Adkinson heard the case and issued a judgment finding disability discrimination, awarding damages, and ordering payment of holiday pay and unauthorised deductions.
The legal issue
The tribunal had to decide whether the employer directly discriminated against the employee because of her disability (PTSD, depression, anxiety and panic attacks) and discriminated against her for something arising from that disability.
The outcome
The tribunal ruled in favour of the former employee on two discrimination claims. The employer's response had been struck out for unreasonable conduct, meaning the claims were largely uncontested.
Compensation awarded:
- Injury to feelings: £13,000
- Post-employment loss of earnings: £6,501.67
- Pension contributions: £195
- Interest: £3,052.17
- Total: £22,748.84
The tribunal also ordered payment of £541.80 for unpaid holiday pay and £1,846.16 for unauthorised deductions from wages.
Lessons & takeaways
- If you have a disability, you may be protected from discrimination even if you have less than two years' service.
- Employers who fail to engage with tribunal proceedings risk having their response struck out, leading to default judgments.
- Keep records of all communications and evidence of how your disability affected you at work.
- Unpaid holiday pay and unauthorised wage deductions can be claimed separately from discrimination.
- Seek legal advice early, especially if your employer is unresponsive or obstructive.
What this case shows
This case highlights how an employer's failure to engage with tribunal proceedings can lead to a default judgment against them. The claimant, who suffered from PTSD, depression, anxiety and panic attacks, brought claims of disability discrimination after her employment ended. Despite being given multiple opportunities to respond, the employer, Riatex Ltd, acted unreasonably and had its response struck out. This meant the tribunal considered the claims largely uncontested.
The tribunal found that the employer directly discriminated against the claimant because of her disability and also discriminated against her for something arising from her disability. Although the claimant had less than two years' service, which barred her from bringing an unfair dismissal claim, disability discrimination claims have no such qualifying period.
What the employer could have done differently
Riatex Ltd could have avoided this outcome by engaging with the process. The tribunal gave the employer a chance to explain why its response should not be struck out, but it failed to respond. Even after the strike-out, the employer did not apply to participate in the final hearing. By ignoring the proceedings, it lost the opportunity to defend itself or mitigate the compensation.
Why this matters
This case is a reminder that employers must take tribunal claims seriously from the outset. Failing to respond or cooperate can lead to a default judgment and potentially higher awards. For employees, it shows that discrimination claims can succeed even when the employer does not participate, provided the evidence supports the claim. The award of £13,000 for injury to feelings reflects the impact of discrimination on the claimant's mental health, and the additional awards for lost earnings, pension, and interest show that tribunals will aim to put the claimant back in the position they would have been in.
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