Since the introduction of employment fees in 2013 the number of tribunal claims may have drastically declined. However our research suggests that when a claim does reach the Tribunal, awards for claimants are still proving to be very expensive for the employer.
We look back at some of the cases in 2015 where employers were ordered to pay six-figure sums.
Tirkey –v- Chandok and another
A claimant who was recruited to work in the UK from one of the poorest states in India pursued a ground breaking caste discrimination case after she was forced to work for 18 hours a day, seven days a week as a domestic servant and nanny, she was awarded a total of £266,537.
Turner –v- DHL Services and another
The claimant was awarded £257,127 owing to the lack of support that was given to him by his Employer when he went on sick leave as a result of work related stress. The Employment Tribunal determined that mismanagement of sick leave amounted to disability discrimination.
J-v H Ltd
The Employer was ordered to pay £251,460 to the mother of a disabled child because of the manner in which her redundancy was handled. This case highlighted the importance to Employers of not discriminating against those employers who are associated with disabled persons.
Asare- Brown –v- Mortgage 27 Limited
An employer was required to pay the sum of £130,702 after it admitted that it had constructively dismissed a web designer for non-payment of wages.
Waddington –v- NHS Business Services Authority
In this claim the NHS Trust was ordered to pay its employee the sum of £115,056 after they found that the NHS Trust had committed an act of disability discrimination. The employee who at the material time was undergoing cancer treatment was required to partake in a competitive interview process during a period of redeployment.
Lessons to Learn…
These claims could probably have been avoided if the Employers had taken appropriate advice from a professional, or even if they had been trained as to their duty to make reasonable adjustments for a disabled employee or if they understood that that the Equality Act 2010 expressly provides for Associative discrimination as a cause of action for direct discrimination and harassment in relation to protected characteristics.
Associative discrimination is discrimination based on an individual’s association with another person who has a protected characteristic under the Equality Act. The protected characteristics are age, disability, gender reassignment, race, religion or belief, sex and sexual orientation. An example would be employee who has been overlooked for a promotion due to having to care for a disabled child.
If any of the above claims have concerned you then you may benefit from attending one of our training sessions or even joining our employer’s protection scheme which provides you with unlimited telephone access to a member of our team without the worry of spiralling legal costs.
If you would like further information about this then please contact- firstname.lastname@example.org