Unfair dismissal win but disability discrimination claim fails
A former employee was unfairly dismissed by IMT Transport Limited and awarded £4,357.90, but their claim of disability discrimination was rejected by the tribunal.
1 min read · Last updated 18 May 2026
Key facts
- The claimant was employed by the respondent.
- The claimant was dismissed on 21 March 2021.
- The claimant had a disability for the purposes of the Equality Act 2010.
- The respondent failed to follow a fair procedure before dismissing the claimant.
- The claimant's claim of discrimination arising from disability was dismissed.
Timeline
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Dismissal effective
The claimant's employment ended on 2 March 2021, with notice pay covering 2 to 21 March 2021.
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Notice period end
The notice period ended on 21 March 2021.
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Hearing day 1
The tribunal hearing commenced in Liverpool.
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Hearing day 2
The tribunal continued hearing evidence.
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Hearing day 3
The tribunal continued hearing evidence.
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Judgment given
The tribunal issued its judgment finding unfair dismissal and awarding compensation.
The legal issue
The tribunal had to decide whether the claimant was unfairly dismissed, whether the dismissal was discriminatory because of disability, and whether there was a breach of contract regarding notice and holiday pay.
The outcome
The tribunal found that the former employee was unfairly dismissed because the employer failed to follow a fair procedure. However, the claim of discrimination arising from disability was dismissed, as the reason for dismissal was not connected to the disability.
Compensation awarded:
- Basic award: nil
- Compensatory award: £4,357.90 (3 weeks' pay and benefits: £3,857.90, loss of statutory rights: £500.00)
Lessons & takeaways
- Even if a dismissal is procedurally unfair, a discrimination claim will fail if the reason for dismissal is not related to the protected characteristic.
- Representing yourself in a tribunal is possible, but having legal representation may improve your chances, especially for complex discrimination claims.
- Keep records of all communications and procedures; a lack of fair process can lead to an unfair dismissal finding even if the substantive reason is valid.
What this case shows
This case highlights that a dismissal can be unfair even when the underlying reason is not discriminatory. The former employee of IMT Transport Limited succeeded in their unfair dismissal claim because the company did not follow a fair procedure. However, their disability discrimination claim failed because the tribunal found no link between the disability and the dismissal.
What the employer could have done differently
IMT Transport Limited could have avoided the unfair dismissal finding by following a proper process, such as conducting a fair investigation, giving the employee a chance to respond, and considering alternatives to dismissal. A fair procedure is essential regardless of the reason for dismissal.
Why this matters
This case is a reminder that procedural fairness is a key element of a fair dismissal. Even if an employer has a potentially fair reason, failing to follow a fair process can result in a finding of unfair dismissal. For employees, it also shows that winning an unfair dismissal claim does not automatically mean a discrimination claim will succeed – the two are separate legal issues.
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