Tag
#discrimination-arising-from-disability
14 cases tagged Discrimination Arising From Disability.
Dismissed while on sick leave: employer ignored offer of imminent return
A tribunal found that EE Limited unfairly dismissed a broadband technical support worker with panic disorder after it refused to wait a week for her to return to work, and also discriminated against her because of her disability.
Constructive dismissal and disability discrimination upheld against Mazars LLP
A former employee won claims of constructive unfair dismissal and disability discrimination against Mazars LLP after the firm failed to make reasonable adjustments and subjected him to harassment.
Dismissed during long-term sick leave: employer failed to get specialist medical advice
A quality control technologist with back pain and depression was unfairly dismissed after his employer relied on a GP report and failed to obtain occupational health advice. Tribunal awards £129,970.
Council failed to adjust duties for loader with depression: constructive dismissal and discrimination
A driver/loader with depression was constructively dismissed after Dacorum Borough Council refused to let him work as a loader and later changed his terms. The tribunal awarded £24,324.43.
26-year service, long-term sickness: capability dismissal upheld by tribunal
A Visual Merchandising Team Manager with 26 years' service was dismissed after over six months' absence. The tribunal rejected her claims of unfair dismissal and disability discrimination.
HGV driver with 21 years' service wins constructive dismissal and disability discrimination claim against Asda
An HGV driver who resigned after Asda placed him in a capability process and failed to handle his grievance has been awarded over £163,000 for constructive unfair dismissal and disability discrimination.
Support worker with osteoarthritis denied reasonable adjustments after furlough wins discrimination claim
A support worker with osteoarthritis was discriminated against by her employer, a disability charity, which failed to make reasonable adjustments and treated her less favourably than a non-disabled colleague after furlough. The tribunal upheld her disability discrimination claims but dismissed her constructive unfair dismissal claim.
Warehouse operative dismissed for failing to report injury: disability discrimination claims rejected
A tribunal rejected disability discrimination claims from a warehouse operative with a shoulder deformity who was dismissed for breaching health and safety rules by not reporting an injury. The employer's actions were found to be proportionate and not discriminatory.
PTSD from passenger assaults: employer failed to redeploy Revenue Control Officer
A Revenue Control Officer with PTSD after four passenger assaults was not redeployed to a non-customer-facing role. The tribunal found the employer failed to make reasonable adjustments and discriminated against her.
Diabetic senior technical officer dismissed for speeding wins discrimination claim
A Senior Technical Officer with Type 1 diabetes was dismissed for speeding while experiencing low blood sugar. The tribunal found the dismissal fair for conduct but discriminatory under the Equality Act, awarding £66,790.
ADHD disclosure ignored and mother refused as companion: disability discrimination win
A tribunal found that Climar Industries Ltd discriminated against an installer with ADHD by refusing to allow his mother to accompany him at a disciplinary hearing and dismissing him for behaviour linked to his disability.
NHS worker dismissed due to disability: unfair dismissal and discrimination claim partially succeeds
An NHS employee was unfairly dismissed and discriminated against because of his disability. The tribunal awarded £26,852.61, reduced by 35% for the chance he could have been fairly dismissed.
Dyslexia overlooked in redundancy scoring: discrimination and unfair dismissal
A layout planner with dyslexia was unfairly dismissed by Marks and Spencer after scoring one point short of retention in a redundancy exercise that failed to make reasonable adjustments. The tribunal awarded £53,855.99.
Sales advisor with 7 years' service unfairly dismissed in redundancy selection due to disability assumptions
A sales advisor with Polymyositis was unfairly dismissed after being scored lowest in a redundancy selection matrix that made incorrect assumptions about her ability to work alone. The tribunal awarded £46,658.71, with a 50% Polkey reduction.