£110,000 Compensation in Disability Discrimination Claim
A Disability Discrimination Case Study - Client Situation
Mr C from Burnley worked in a factory. He had suffered from ill health for quite some time. His medical conditions were complex and included a longstanding problem with his back. He also suffered from anxiety and depression.
Mr C was on sick leave and his entitlement to sick pay had stopped. At this point, it looked unlikely that Mr C would be able to return to work at all due to his medical conditions.
At this point, Mr C’s employer accused him of falsifying his sickness records. As a result of this accusation, Mr C’s employer dismissed him. This was on the basis of gross misconduct due to the alleged falsification of his sickness records.
How We Helped
Mr C called our Employment Law Solicitors and spoke to Solicitor Stephen Pinder who listened to Mr C explain his situation.
Stephen explained to Mr C that he did have a claim for Unfair Dismissal and that we could help him bring the claim against his employer. Stephen took instructions from Mr C. This included taking detailed statements about what had happened, requesting copies of Mr C’s medical records and getting as much information about Mr C’s conditions as possible.
Once Stephen gathered the information needed, we brought a claim in the Employment Tribunal on Mr C’s behalf, alleging that he’d been unfairly dismissed. Stephen also alleged that Mr C was the victim of disability discrimination. This was because both of Mr C’s medical conditions satisfied the definition of a disability under the Equality Act 2010.
Stephen disputed the allegation of gross misconduct, suggesting instead that Mr C was singled out with the allegation because of his disability.
The claim brought against Mr C’s employer included allegations of direct discrimination, discrimination arising because of a disability and a failure to make reasonable adjustments at work for Mr C because of his disability.
Before the Final Hearing at the Employment Tribunal, Stephen worked with Mr C to get the information needed to build a strong case and demonstrate that Mr C had been unfairly dismissed and had also been discriminated against because of a disability.
As the date of the Hearing was coming near, the Employment Tribunal service listed the case for a Judicial Mediation Hearing. This is a private preliminary Hearing when the Judge brings both parties together to try to resolve their dispute. There are remedies available at Judicial Mediation Hearings that may not be available at a Final Hearing.
Stephen Pinder represented Mr C at this Preliminary Hearing at the Tribunal office in Manchester. Negotiations took place focusing upon the difficulties Mr C would have working in the future. Stephen asked to claim future loss of earnings and compensation for injury to feelings.
The case was resolved using a Settlement Agreement, and the total compensation payable to Mr C was about £110,000. This amount was secured through negotiation and took away any risks that the case would be unsuccessful at the Final Hearing.
Mr was very pleased with the outcome as he was concerned with how he would deal with the Hearing due to his depression and anxiety. The £110,000 compensation he was awarded allowed him to get on with the rest of his life.
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