Successful Disability Discrimination Case

Our employment law solicitors recently settled a claim for disability discrimination against the employer of a client.

After several years of unnecessary stress and anguish, we were pleased to secure a settlement for our client.

Disability discrimination case

In this case, our client was working for a company where he had been employed for many years when he was diagnosed with a brain tumor.  His condition is incurable, and he has already been treated with surgery but had hoped to continue working.

“What was required of his employers was to make reasonable adjustments for his condition, something they failed to do, hence the compensation claim,” said Partner and Employment Law Solicitor Susan Mayall.

Disability discrimination in the workplace

Our client had, on many occasions, tried to resolve the issues he had been having, which, at times, he claimed had a detrimental effect on his health and wellbeing.

He was not offered a welfare meeting, and there was minimal contact with the company.  When the pandemic struck, he had to shield and was placed on furlough for a few months.

On his return to work interview, certain conditions were agreed upon, including:

• more training
• extra time for tasks
• help in avoiding stressful situations
• not being left alone in an office due to a risk of seizures

A phased return with time off for treatment and holiday days the day after for recovery were agreed.   Over a few weeks, each of these issues was disregarded.  He explained he could not physically cope and that the job was impacting his health.

“Our client issued a grievance; however, he was not invited to attend a grievance meeting, which resulted in months of stress. There was no contact from his employers or their HR teams, resulting in uncertainty and worry for our client, during which time his condition worsened,” added Susan Mayall.

“I am pleased to say a settlement was reached before the final hearing.”

Client Feedback

Speaking after the experience, our client had this to say:

“Susan offered step by step guidance at every stage of the process throughout the two year journey and showed understanding of my personal circumstances and considered my disability throughout the process making me feel valued and understood.

“In addition, she created a logical, legal case based on the facts and helped me understand the difficult legal jargon of the employment tribunal and gave me reassurance at every stage.  She also provided complete support during the difficult, tiring, full day of judicial mediation, making what could have been a very difficult and extremely stressful process a lot easier for me.”

How can we help?

If you are an employee in need of legal advice contact our employment law solicitors on 0161 785 3500 or enquiries@pearsonlegal.co.uk

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Please note that the information and opinions contained in this article are not intended to be comprehensive, nor to provide legal advice. No responsibility for its accuracy or correctness is assumed by Pearson Solicitors and Financial Advisers Ltd or any of its members or employees. Professional legal advice should be obtained before taking, or refraining from taking, any action as a result of this article.