£20,000 Compensation in Disability Discrimination Claim
A Disability Discrimination Case Study - Client Situation
Ms D worked in Liverpool as a counter manager in a department store for a cosmetic company. She had worked for her employer for quite some time and had relatively long service.
Ms D also had a longstanding knee problem. Her knee condition worsened and meant that Ms D could not stand for long periods of time. Medical advice she received also recommended that she reduce the number of days that she worked.
She approached her employer to explain that her knee condition had deteriorated and as per the medical advice she had been given, that she wanted to reduce her hours. Ms D’s employer did not agree and did not want her to reduce her hours.
How We Helped
Ms D called our Employment Law Solicitors to discuss her situation and to find out what she could do about it. She talked to specialist Employment Law Solicitor and Partner, Stephen Pinder.
Stephen informed Ms D that because of her ongoing and worsening knee condition, she was likely to be classed as having a disability and that her employer was obliged by law to make reasonable adjustments for her at work because of her disability.
In addition, Ms D explained to Stephen that she had also been excluded from an opportunity for promotion. Stephen explained that this was potentially workplace harassment.
Even though Ms D was still working for her employer, she was still eligible to make a claim for disability discrimination under the Equality Act 2010. By pursuing the claim before an Employment Tribunal, Ms D’s employer was put under some pressure, as they were required to answer for their actions before the Tribunal.
During the course of the disability discrimination claim, Ms D’s employer disputed whether she was actually a disabled person as defined in The Equality Act.
Stephen represented Ms D at a Hearing to decide on this issue, which was central to her claim. At the Hearing, an Employment Judge decided in Ms D’s favour and confirmed that her condition did mean that she was a disabled person as defined in the Equality Act.
At this point, Ms D’s employer started negotiations to settle the claim before reaching a Final Hearing.
Ms D’s employer made an approach to Stephen Pinder through their Solicitors to try to negotiate a compensation settlement of the case. Over a number of weeks, various proposals were put forward.
Ultimately, because of a breakdown in the relationship between Ms D and her employer, she agrees to leave her employment. She only agreed to this with a Settlement Agreement. Although the settlement agreement compromised her existing Employment Tribunal claim, it did result in £20,000 of compensation after tax.
The amount of compensation was calculated by reference to future loss of earnings which amounted to several months of pay, and a significant figure for compensation for injury to feelings. As with all employment law claims, we took into account the taxation amount that would be applied to the compensation award.
Ms D was very pleased with the outcome. She could leave the job where she had faced discrimination at work, and to move on to new employment opportunities but with a substantial sum of money.
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