Welder with 20 years' service wins disability discrimination claim but has award reduced for failing to mitigate loss

A long-serving welder forced out by disability discrimination

This case shows how a failure to make simple adjustments can lead to a successful discrimination claim — but also how a claimant's own actions after leaving can significantly reduce their compensation. The welder, who had worked for Silo Services Limited for 20 years, suffered a heart attack and was disabled under the Equality Act 2010. The employer did not allow him micro breaks or other adjustments, and he felt he had no choice but to resign.

The tribunal found that this amounted to constructive unfair dismissal and disability discrimination. The employer's failure to accommodate his condition was the direct cause of his resignation. However, the tribunal also found that the welder had not done enough to limit his financial losses.

The cost of turning down a job offer

The day after he resigned, the welder was offered a welding job with similar pay at a business in Oundle. He turned it down because of additional travel and hours. The tribunal ruled that this was an unreasonable refusal to mitigate his loss. As a result, he received no compensatory award for financial loss beyond £500 for loss of statutory rights. His basic award of £12,512 and injury to feelings award of £29,322 were unaffected.

This is a reminder that employees who bring discrimination claims must take reasonable steps to find alternative work. Refusing a comparable job offer can be costly. The welder later became self-employed, but the gap between resignation and self-employment was not compensated because of the declined offer.

What this means for similar claims

For employers, the message is clear: failing to consider and implement reasonable adjustments for disabled staff can lead to liability for unfair dismissal and discrimination. For employees, the case highlights the importance of mitigating loss — even when you have a strong claim, you cannot simply turn down suitable work and expect full compensation.