£185,000 disability discrimination award
A former Assistant Manager at a Lancashire children’s home
has been awarded £185,000 after an employment tribunal ruled that she had been
unfairly dismissed and subjected to disability discrimination.
Dee Leigh, who worked at the Warwick Avenue home in
Clayton-le-Moors, brought a case against Lancashire County Council for
disability harassment and discrimination following her dismissal in 2021.
Ms Leigh, who had been employed by the council since 2003
and had Arthritis and Spondylitis of
the spine, was informed that she was being suspended because she could no
longer participate in physical restraints of young residents, due to her
physical limitations.
Despite this, Ms Leigh argued that her condition had not
previously been an issue, noting that she had been exempt from performing
physical restraints for three years under a prior agreement with management.
When Ms Leigh was informed of her suspension, she was
reportedly told to “leave the building immediately and not talk to other
staff,” which she described as leaving her feeling “shocked, humiliated,
and embarrassed.” The council later informed her colleagues that she would
not be returning to her position.
Occupational health and ill-health retirement
Further occupational health assessments commissioned by the Council
determined that Ms Leigh was no longer fit to perform the full scope of her
duties. She was subsequently informed that she would be granted ill-health
retirement, though on terms less favourable than she had anticipated. Her
ill-health retirement officially came into effect in February 2022.
Ms Leigh’s legal team argued that she had been pressured
into resigning and accepting ill-health retirement, under conditions that
violated her dignity. The claimant’s suspension and the way she was treated
during this process were key points of contention in the case.
Lancashire County Council’s defence
In its defence, Lancashire
County Council maintained that the adjustments sought for Ms Leigh were
impractical. According to the Council, reallocating a significant portion of
her tasks on a permanent basis would be unreasonable and would still leave Ms
Leigh exposed to potential risks. The Council also denied that it had fostered
a hostile work environment for Ms Leigh.
Tribunal ruling
Employment
Judge Slater, who presided over the case with two lay members, ruled in
favour of Ms Leigh on key points, including disability harassment related to
her suspension, failure to make reasonable adjustments and disability
discrimination.
Judge Slater was critical of the way the Council handled Ms
Leigh’s suspension, particularly the instruction for her to leave the building
without speaking to her colleagues. He noted, “The effect on the claimant went
beyond mere upset. We accepted that she was shocked, humiliated and embarrassed
by this treatment.”
The tribunal also found that the council had not adequately
explained why Ms Leigh’s physical limitations in performing restraints could be
accommodated on a temporary basis, of three years, but not permanently.
Compensation and conclusion
Ms Leigh was awarded £184,542 in compensation, including
payments for personal injury, injury to feelings and loss of past and future
earnings.
Following the ruling, a spokesperson for Lancashire County
Council commented, “The findings of tribunals are important to us and we
have considered this judgement carefully in its entirety so that we can learn
as an organisation. As an employer, we are committed to providing an inclusive
environment where equality and diversity are part of everything we do.”
Key messages for HR Professionals
This case highlights several key considerations for HR
professionals when managing employees with disabilities:
- Reasonable adjustments: Employers must ensure that reasonable adjustments are made in accordance with the Equality Act 2010, particularly where employees are unable to carry out specific tasks due to a disability. Regularly reviewing the appropriateness and feasibility of adjustments is crucial.
- Handling of suspensions: Suspending an employee, particularly on medical grounds, should be managed with care and sensitivity. Sudden actions, such as instructing an employee to leave the premises immediately, can have a significant emotional impact and lead to claims of harassment.
- Occupational health and medical evidence: Decisions regarding an employee’s capability to perform their duties must be supported by clear and consistent occupational health advice. Employers should ensure that ill-health retirement terms are fair and reflect the individual’s medical circumstances.
- Dignity at work: Ensuring that employees, especially those with disabilities, are treated with respect and dignity is fundamental. Employers must consider the psychological impact of workplace decisions and ensure that their processes uphold an inclusive and supportive environment.
This ruling serves as another important reminder that
disability discrimination and failure to make reasonable adjustments can lead
to significant legal and financial consequences.
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