Disability discrimination: Big settlements
When you think of disability, you might think of the wheelchair icon. But not every disability requires a wheelchair.
Disability is one of the protected characteristics under the Equality Act 2010, which covers hidden disabilities as well as those that are more visible.
You might wonder how much you could win if you make a claim for disability discrimination. In this article, you can read about some recent big settlements that have recently been awarded.
Case study 1: £160,000
Eamon Bowen worked as a sales advisor in an O2 store, where he spent most of the working day on his feet.
In 2014, he was diagnosed with Spondylolisthesis. This is a degenerative disc disease which causes issues with chronic pain, exhaustion, sleep and mobility.
Because of this, Eamon had to take periods of sick leave. These were followed by referrals to Occupational Health (OH) who made various recommendations to help him get back to work.
When the Covid 19 pandemic started, he worked from home.
In June 2020, following the initial lockdown, he returned to work in-store but found this difficult and took more sick leave. OH again made recommendations, including a phased return to work, reduced working hours, and a support chair on the shop floor.
Eamon made repeated efforts to discuss the recommendations with his employer but says they were never fully implemented. Without the relevant supports and adjustments in place, it became impossible for him to continue working, so he resigned and left his job in November 2021.
He made a disability discrimination claim at the employment tribunal and won £160,000.
Telefonica apologised to Eamon for the upset, distress and injury to feelings he experienced. The company also committed to complying with equality law, and agreed to review their policies, practices and procedures.
Case study 2: £50,000
In May 2018, Christopher Morrow got a job as a park ranger at Crawfordsburn Country Park, through an agency.
He has hearing loss, wears hearing aids in both ears, and reads facial expressions and body language. Things that affect his ability to hear include his proximity to others, and the layout and acoustics of his surroundings
When he applied for a job as a permanent park ranger, he indicated on his application form that he has a disability.
Before his interview, he asked if he could have the questions presented in writing. This would help him to answer them without having to ask for them to be repeated. However, this request was refused. He also emailed the Human Resources department to ask them to ensure all the panel members were aware of his disability.
He sat his interview in February 2021. It was in a large room, with a wooden floor and a high ceiling. The panel members were seated behind a screen about 15–20 feet away. The panel members didn’t ask him if he needed any adjustments during the interview. What’s more, one of the panel members spoke very quickly, with his head down.
In this environment, Christopher found it very difficult to hear and had to ask for several questions to be repeated.
Fifteen park rangers were appointed, but he didn’t get a job offer.
He therefore made a disability discrimination claim against the Department of Agriculture, Environment and Rural Affairs (DAERA), and won £50,000.
DAERA, in conjunction with the Department of Finance, has undertaken to review its policies, practices and procedures to ensure that they conform with disability legislation.
Case study 3: £25,000
Natasha Bradshaw was diagnosed with cancer in 2019. In 2020, she started an adult nursing degree at Queen’s University, Belfast.
During her second year, she started a hospital placement as part of her course, but had to withdraw after the first two days because the work she was expected to do was unsuitable, and out of line with recommendations made by the university’s OH team.
It took three weeks before the university found her an alternative placement. This delay meant Natasha would have to complete back-to-back placements while sitting exams. She felt this would put too much pressure on her and her health, but was advised that the schedule couldn’t be adjusted to give her more time.
She agreed to a temporary withdrawal from the course, and eventually withdrew entirely because she didn’t feel the university failed to consider her life-altering diagnosis and treated her the same as students who aren’t disabled.
Because Natasha didn’t get the support she needed, she felt unable to finish her nursing degree.
She made a disability discrimination claim and was awarded £25,000.
The university is working with the Equality Commission to review its equal opportunities policies, practices, and procedures to ensure they follow the requirements of equality law.
What this means to you
The Equality Act protects people with disabilities from discrimination in education. This means universities and other education providers must implement reasonable adjustments to support disabled students where possible. Disabled students should not be placed at a disadvantage compared to those who are not disabled.
Job applicants who have disabilities are entitled to enjoy the same opportunities as other candidates. So employers should introduce reasonable adjustments to their recruitment and selection procedures for applicants with disabilities, to ensure that disabled people are not disadvantaged.
If you’re disabled, the law says your employer must consider reasonable adjustments that enable you to work.
How we help
We are employment lawyers with offices in Northern Ireland and England, who only act for employees.
Among other things, we specialise in discrimination cases. For example, here’s the story of a client we helped – Shelly was awarded £32,000 for a combined claim of disability discrimination and unfair dismissal.
If you’re disabled and have been mistreated at work, please give us a call. The initial enquiry is free, and with no obligation. Tell us your story, and we’ll let you know your chances of winning and the next steps to take.
Related reading
For more information about disability discrimination, you might like to read some of our other articles on this subject:
- How much money can I get for disability discrimination?
- What is disability discrimination?
- All you need to know: Disability discrimination at your workplace
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