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.
We supported our client in managing a complex medical incapacity case in which an employee had a long term neurodegenerative disease and was working in a highly regulated, technical sector. The case was managed with pragmatism, compassion and the upmost diligence, in compliance with UK employment law to achieve a positive outcome for employer and employee, and safeguard against significant legal and compensatory costs.​
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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The problem
Our client’s employee was diagnosed long term with a complex neurodegenerative disease. Despite extensive efforts over a long period of tenure to accommodate the employees’ condition, the condition was unfortunately deteriorating, affecting their cognitive and physical abilities, resulting in issues in performing their job safely and effectively, and ultimately impacting on the client’s customer relationships and credibility.
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Due to the complexities of the specific condition, the client was unable to initially identify whether there was a conduct or capability issue, and OneSource HR was initially engaged as an external, independent disciplinary manager.
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The solution
Reviewing the disciplinary investigation, our consultant identified that the issue pertained to medical capability, as opposed to conduct, and as such the direction of the case management was immediately rectified and communicated, empathetically.
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Our consultant set out to gain a thorough understanding of the employees’ role, responsibilities, condition, and specific challenges involved, to enable a logical and pragmatic approach to considering reasonable adjustments, with an aim to retain the employee in employment of the client.
Specific and detailed documentation was collated and reviewed by our consultant, including medical reports and legal risk factors/ case studies for consideration.
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The case was managed in the most compassionate and ethical manner, for all parties involved, and the consultant suggested engaging external support, for example social workers and appointed specialist bodies, to support the case, and ensure the most ethical route forward was agreed.
In addition to ensuring emotional and wellbeing support for the individual and affected team members in this complex and emotive case, the consultant was able to balance the process with fairness, professionalism, and the all-important mitigation of legal risks for the business, through a commitment to go above and beyond in conducting the process ethically.
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Ultimately an exit strategy was agreed, underpinned by support for the employee in the transitional period, and the client’s problem was safely mitigated and resolved.
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Conclusion
This case study highlights the importance of not only appointing a qualified HR professional in dealing with complex medical incapacity cases but appointing an experienced and empathetic HR professional. Only a HR consultant with demonstrable experience and unique approach, can balance compassion and adhering to legal standards to achieve such a well-rounded outcome, highly commended by external parties for all parties.
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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.