Prison Service driver loses disability discrimination claim after misconduct dismissal
A prison service driver who claimed he was deterred from raising a grievance and then dismissed due to his depression has lost his disability discrimination claim. The tribunal found no evidence of discrimination.
1 min read · Last updated 18 May 2026
Key facts
- The claimant was a driver employed by the respondent and was dismissed for misconduct on 1 March 2021.
- The claimant had a final written warning at the time of dismissal.
- On 30 October 2020, the claimant became extremely distressed after an altercation with a colleague, leading to an ambulance being called.
- The claimant's manager advised him to take time off and not raise a grievance, citing concern for his mental health.
- The claimant presented his claim 4 days late for the dismissal claim and 6½ months late for the grievance claim.
- The tribunal extended time for both claims but dismissed all claims on the merits.
Timeline
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Altercation with colleague
The claimant was involved in an altercation with a colleague. The colleague had previously complained about the claimant.
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Manager instructed claimant to avoid colleague
Mr Phynn instructed the claimant to avoid contact with the colleague.
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Claimant approached colleague aggressively
The claimant ignored the instruction and approached the colleague in an abusive and aggressive manner, leading to extreme distress and an ambulance being called.
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Manager advised against grievance
Mr Phynn advised the claimant to take time off and avoid raising a grievance, citing concern for his mental health.
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Claimant suspended pending investigation
The claimant was suspended pending an investigation into his conduct on 30 October.
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Dismissal decision communicated
The claimant was dismissed for misconduct, with notice, effective 1 March 2021.
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Employment terminated
The claimant's employment ended by reason of misconduct, with pay in lieu of notice.
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Claim presented to tribunal
The claimant presented his claim, 4 days late for the dismissal claim and 6½ months late for the grievance claim.
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Preliminary hearing
Employment Judge Camp held a preliminary hearing, ordering a deposit of £400 for the section 15 claim by dismissal.
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Final hearing commenced
The final hearing took place over four days, with the tribunal dismissing all claims.
The legal issue
The tribunal had to decide whether the driver's dismissal and the alleged deterrence from raising a grievance amounted to direct disability discrimination or discrimination arising from disability under the Equality Act 2010.
The outcome
The tribunal dismissed all claims of disability discrimination.
- The driver's claims were presented late, but the tribunal extended time for both the dismissal and grievance claims.
- However, on the merits, the tribunal found no evidence that the driver's depression was a factor in his dismissal or in the advice to not raise a grievance.
- No compensation was awarded as the claims failed entirely.
Lessons & takeaways
- If you have a disability, you must show a clear link between your disability and the treatment you received to succeed in a discrimination claim.
- Presenting a claim late can be fatal; even if time is extended, the merits of the case still need to be proven.
- A manager advising you to take time off for mental health reasons is not necessarily discrimination; it may be a reasonable response.
- In misconduct cases, the employer's genuine belief in the misconduct, even if mistaken, can defeat a discrimination claim.
What this case shows in practice
A prison service driver who suffered from depression was dismissed for misconduct after an altercation with a colleague. He claimed that his manager had discouraged him from raising a grievance and that his dismissal was due to his disability. The tribunal disagreed, finding that the employer had acted reasonably throughout.
The driver had been involved in a heated exchange with a colleague, which led to him becoming extremely distressed and requiring an ambulance. His manager advised him to take time off and not to raise a grievance, citing concern for his mental health. The tribunal accepted that this was a genuine attempt to protect the driver's wellbeing, not a discriminatory act.
What the respondent did right
The Secretary of State for Justice followed a proper disciplinary process. The driver was suspended, investigated, and given a fair hearing. The decision to dismiss was based on his misconduct, not his disability. The tribunal noted that the driver had a final written warning and that the employer had a genuine belief in the misconduct.
Why this matters for similar claims
This case highlights the difficulty of proving disability discrimination when the employer has a legitimate non-discriminatory reason for its actions. The driver could not show that his depression caused him to behave in a particular way that led to his dismissal. The tribunal also noted that the driver had changed his case during the hearing, which undermined his credibility.
For employees considering a discrimination claim, it is essential to have clear evidence linking the disability to the treatment. Simply having a disability is not enough; there must be a causal connection. Employers should ensure they follow fair procedures and document their reasons for decisions, as this will help defend against discrimination claims.
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