Driver with COPD and back pain unfairly dismissed and discriminated against by Premier Cars Bangor
A former driver with COPD and back pain was unfairly dismissed and discriminated against by Premier Cars Bangor Ltd. The tribunal awarded £3,230.76 for unfair dismissal, disability discrimination, and unpaid holiday pay.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed by the respondent as a driver.
- The claimant was dismissed on grounds of capability due to her COPD and back pain.
- The respondent failed to pay redundancy entitlement and holiday pay.
- The claimant was found to be disabled by reason of COPD and back pain.
- The dismissal was an act of discrimination arising from disability.
Timeline
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Initial judgment on unfair dismissal
Employment Judge T. Vincent Ryan found the claimant was unfairly dismissed and entitled to redundancy and holiday pay, with remedy to be determined at a later hearing.
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Amendment to include disability discrimination
Employment Judge S Jenkins permitted the claimant to amend her claim to include discrimination arising from disability under s.15 Equality Act 2010.
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Strike out of respondent's response on discrimination
Employment Judge S Jenkins struck out part of the respondent's response regarding disability discrimination due to non-compliance with case management orders.
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Final hearing and remedy
Employment Judge R Brace and panel found unfair dismissal, disability discrimination, and unpaid holiday pay. Awarded total of £3,230.76.
The legal issue
The tribunal had to decide whether the claimant was unfairly dismissed, whether her dismissal was an act of discrimination arising from disability under section 15 of the Equality Act 2010, and whether she was entitled to redundancy pay and holiday pay.
The outcome
The tribunal ruled in favour of the former employee on all claims. It found that Premier Cars Bangor Ltd unfairly dismissed her and that the dismissal amounted to discrimination arising from disability. The employer also failed to pay redundancy entitlement and holiday pay.
The compensation awarded was:
- Basic award: £865.38
- Loss of statutory rights: £500.00
- Unpaid holiday pay (gross): £288.46
- Injury to feelings: £1,000.00
- Section 38 uplift (failure to provide written reasons): £576.92
- Total: £3,230.76
Lessons & takeaways
- If you have a long-term health condition that meets the definition of disability, your employer must consider reasonable adjustments before dismissing you on capability grounds.
- Employers should ensure they follow a fair process, including obtaining up-to-date medical evidence and consulting with the employee, before making a capability dismissal.
- Failure to pay redundancy entitlement and holiday pay can lead to additional claims and compensation.
- If an employer fails to comply with tribunal orders, their response may be struck out, limiting their ability to defend the claim.
This case shows how an employer's failure to properly handle an employee's disability can lead to findings of both unfair dismissal and discrimination. The former employee, a driver, suffered from COPD and back pain, which the tribunal accepted as disabilities. Despite this, Premier Cars Bangor Ltd dismissed her on capability grounds without making reasonable adjustments or obtaining up-to-date medical evidence.
What could the employer have done differently? The tribunal noted that the dismissal was an act of discrimination arising from disability. A fair process would have involved considering whether adjustments could help the employee continue working, and consulting with her before making a decision. The employer also failed to pay redundancy and holiday pay, which added to the claims against it.
For employees in similar situations, this case highlights the importance of understanding your rights under the Equality Act 2010. If you have a disability, your employer has a duty to make reasonable adjustments and cannot dismiss you for reasons related to your disability without justification. The award for injury to feelings (£1,000) reflects the distress caused by the discrimination, though this is at the lower end of the scale.
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