Successful disability discrimination cases UK

Claim not well-founded

The tribunal found the unfair dismissal claim well-founded by consent and upheld two race harassment allegations (6.2 and 6.3) after extending time as just and equitable, but dismissed the direct race discrimination, disability discrimination, and victimisation claims on their merits.

Time-limit issue

Some complaints were struck out because they related to events in March-September 2023 and were brought more than three months after those events, outside the statutory time limit under section 123 Equality Act 2010, and the tribunal did not consider it just and equitable to extend the time limit. The remaining complaints either fall within the time limit or form part of a continuing course of conduct extending to October 2024.

Time-limit issue

The unfair dismissal claim was filed outside the statutory time limit and was not presented within a reasonable period thereafter despite it being reasonably practicable to do so. The failure to make reasonable adjustments claim relating to the attendance policy was also out of time, and the tribunal found it was not just and equitable to extend the time limit for that specific complaint.

Claim not well-founded

The tribunal found the claimant's discrimination complaint well-founded after a full hearing, determining that the respondent discriminated against her by dismissing her. The tribunal also found the complaints of unauthorised wage deduction and breach of contract in relation to notice to be well-founded.

Claim not well-founded

The tribunal found the dismissal was unfair and the respondent breached the contract by failing to provide proper notice. The claimant was awarded damages for the seven weeks' notice entitlement and a basic award for unfair dismissal, with further remedy matters to be determined at a later hearing.

Time-limit issue

The disability discrimination claim was struck out because the claimant had no reasonable prospect of persuading the tribunal that the claim was brought in time or that it would be just and equitable to extend the time limit.

Claim not well-founded

The claimant successfully proved harassment related to disability and unfavourable treatment because of something arising in consequence of disability, resulting in an award of £23,832.33 for injury to feelings and interest. The other claims were dismissed on their merits.

The claimant brought claims of disability discrimination and detriment on the grounds of public interest disclosure. The tribunal considered whether the claimant was disabled by reason of dyslexia and/or depression under the Equality Act 2010.

Claim not well-founded

The tribunal conducted a full hearing and rejected most of the claimant's claims on their merits, finding that the direct race discrimination, harassment related to race, and disability discrimination claims failed, and that the whistleblowing claims failed. Some victimisation claims succeeded, making the case partially successful overall.

Claim not well-founded

The tribunal found that the respondent failed to take reasonable steps to provide a height adjustable footrest as an auxiliary aid required under the Equality Act 2010, but rejected the claimant's other claims for failure to make reasonable adjustments and victimisation on their merits.

The tribunal found that the claimant met the statutory definition of disability under the Equality Act 2010 due to a medically diagnosed sight impairment affecting the optic nerves/retinas, establishing the threshold for disability discrimination protection.

Claim not well-founded

The claimant succeeded on two reasonable adjustment complaints because the respondent failed to provide permanent hybrid working and standing desk equipment or alternative work location, which the tribunal found were breaches of the Equality Act 2010; although these complaints were brought outside the statutory time limit, the tribunal exercised discretion to extend time as it was just and equitable to do so. The claimant's other discrimination complaints were dismissed on their merits.