How we helped Abdul claim compensation for disability discrimination in the workplace

How we helped Abdul claim compensation for disability discrimination in the workplace

Our Civil Legal Advice Discrimination service deals with clients from across England and Wales who have been treated unfairly in their day-to-day lives. The team works hard to help clients seek justice for these discriminatory acts. In this case study, we look at Abdul, and how we helped him challenge the unlawful behaviour that led to him losing his job.

Abdul (name changed for anonymity) is a 42-year-old man, living with his wife and two young children. He had worked full time for the same employer for 11 years. It was a physical job and involved some working at height. In 2018 Abdul was diagnosed with Multiple Sclerosis (MS). In the beginning, there weren't a lot of physical symptoms and he continued to work as he had always done. However, as his condition got worse, he took time off in 2019.

Both Abdul's GP and Occupational Health agreed that he remained fit for work, with adaptations in the workplace.  It was recommended that he should not work with ladders. Abdul also requested some reasonable adjustments, including having a second person to accompany him on jobs, to carry out those tasks his disability no longer allowed him to do, or redeployment to another area of the business. However, the employer refused, claiming them as unsustainable and stating that he could only be redeployed by applying for a new job. He submitted a grievance about this but this was not successful.

Abdul had done some research on his rights online and had issued a claim in the employment tribunal. He contacted us for advice about navigating the tribunal process. We worked closely with Abdul to help him to prepare documents for the tribunal. We helped with a case management agenda, witness statements and preparing an evidence bundle for the trial and provided Abdul with detailed advice about how to present his case at court. We also helped Abdul to quantify his losses and in total he was claiming just over £37,000.00 for general losses, potential future losses and damages to the injury to feeling.

We also assisted him in settlement negotiations with his employer.

The day before the hearing, Abdul’s employer made an offer of settlement. They offered either a return to work in an appropriate role, but with no compensation for the loss suffered, or a severance package. Abdul decided to take the severance package as he did not feel comfortable returning to work following his treatment, and was able to agree on an amount of almost £37,000.00, almost the entire value of his claim.

We helped Abdul to feel confident enough to proceed against his employer, and supported him to prepare documents and argue his case in such a way that his employer finally took this seriously, and offered a reasonable settlement package. This helped Abdul to resolve a very difficult and upsetting period of his life, allowing him to move on and manage his condition without the stress of this employment issue to worry about.

Abdul said;

“I am happy with the outcome and glad that somewhere within the company they finally may have seen some wrongdoing, albeit at a minute to midnight……Thank you for your guidance through this process, it is very much appreciated”.

If you, or someone you know, thinks they may have been discriminated against, contact us here for help