Case Study
Compensation for disability discrimination is uncapped in the Employment Tribunal. For the 2021/2022 year, the maximum award given was £225,893.00.
This case highlights the importance of a meticulous and compassionate approach to complex HR issues, ensuring fair outcomes while promoting a positive and inclusive work environment.​
Introduction
Under UK employment law, disability discrimination can pose significant risks to employers if they fail to comply with legislation, particularly the Equality Act 2010. The risks associated with disability discrimination can be financially devastating, running in to millions of pounds once compensation awards, loss of earnings, interest, legal costs, and management time are considered. However, reputational damage costs are financially unquantified and can ultimately lead to total demise of small – medium sized enterprises.
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A health and social care provider in Doncaster faced a complex situation involving an employee with long-term stress and anxiety. The employee claimed their condition was exacerbated by working with colleagues from different cultural backgrounds, whom they deemed inadequate in their roles. Fearing allegations of disability discrimination, the business sought the expertise of OneSource HR to handle the case delicately and ensure a fair outcome.
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The problem
The employee argued that their role had worsened their stress and anxiety, attributing it to being forced to work with culturally diverse colleagues. They threatened to pursue a disability discrimination claim if dismissed. The business, committed to maintaining a respectful and compliant workplace, required a thorough investigation to address these claims and determine the appropriate course of action.
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The solution
We conducted a comprehensive investigation, which included reviewing training records, performance evaluations, and feedback from service users and other staff. The investigation revealed that all employees had received adequate training and no complaints had been filed against their performance.
We then focused on the employee’s medical incapacity by liaising with medical professionals and occupational health over an extended period.
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After careful review of medical reports and occupational health referrals, it was determined that the employee's condition genuinely prevented them from fulfilling their role. Consequently, OneSource HR facilitated a dismissal on grounds of medical incapacity, ensuring that the process was legally sound and thorough to avoid any risk of disability discrimination claims. The company did not suffer any legal or reputational detriment as a result.
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To further enhance workplace harmony and respect, we recommended integrating Diversity, Equity, and Inclusion (DEI) training into team-building activities. This initiative aimed to foster better working relationships and ensure dignity and respect among all team members.
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This case highlights the importance of a meticulous and compassionate approach to complex HR issues, ensuring fair outcomes while promoting a positive and inclusive work environment.​
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If you are facing a similar challenge, please involve a qualified and experienced HR consultant at the earliest stage. Complex medical incapacity cases can cost businesses monumentally, and we are here to mitigate that risk.