£60,000 Compensation in Disability Discrimination Claim
A Disability Discrimination Case Study - Client Situation
Mr L from St Helens worked as a manager in the public sector. He suffered from Ménière's disease. This is a progressive condition affecting the inner ear which can cause severe vertigo, nausea, tinnitus and hearing loss along with other symptoms. This condition is unpredictable and there is no pattern of when an attack will occur.
Mr L struggled to perform his work on occasions. This impacted him when it came to be eligible for bonuses at work and any promotion opportunities. His employer was also threatening him from taking action under their capability procedures.
How We Helped
Mr L contacted our Employment Law Solicitors to discuss his situation as he was concerned about his job.
We discussed the situation with Mr L and suggested that he was a disabled person for the purposes of The Equality Act 2010. As a result of this definition, Mr L’s employer should have recognised his disability and made reasonable adjustments for him which would have meant he could continue working despite the issues he faced with his medical condition.
We took instructions from Mr L about his disability discrimination claim and then started proceedings in the Employment Tribunal. Our Employment expert focused on the employer’s failure to recognise Mr L’s disability and to make reasonable adjustments which would allow Mr L ongoing employment in accordance with his medical condition.
At this stage, Mr L was still employed. Disability and other discrimination at work claims do not require that employment relationships have to have ended before a claim is started. By making a claim at this point, Mr L could still continue to work whilst also taking his claim to an Employment Tribunal.
There are very strict deadlines to bring an employment law claim. There is only three months from the date of the act of discrimination to do this, so Mr L could not wait for the outcome of the Capability Hearing that was being threatened.
The commencement of the claim led the employer to abandon capability proceedings.
During the course of a claim before the Employment Tribunal, it’s common for the case to be listed for a compensation settlement meeting under the Judicial Mediation process. This is a Preliminary Hearing where a Judge will get both parties to try to reach a settlement before the Final Hearing.
During the Mediation Hearing, Mr L’s employer put forward a settlement proposal. As part of this settlement package, they included a proposal for Mr L’s employment to end using a Settlement Agreement.
We had prepared a schedule of loss. This focused on any future loss of earnings that Mr L would suffer and compensation for injury to his feelings.
Mr L considered the settlement proposal and was content for the employment relationship to end at that point. He had other work opportunities in mind at that stage in any case.
Negotiations continued and finally concluded with our client signing a Settlement Agreement and receiving over £60,000 in compensation.
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