Disability Law Service

Providing Access to the Law - National Registered Charity 280805

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Rights

Selected Cases

KM was employed by a data management company and had a 7 year long history of depression. Events at work and at home led to a prolonged period of sickness absence however her employer prematurely stopped her sick pay and then dismissed her without reason or even notice being provided to her (her MIND support worker discovered her dismissal during enquiries she made into owed wages). A Tribunal claim was promptly submitted citing unfair dismissal, disability discrimination and unlawful deduction from wages. This claim had been lodged in late 2008 however because Stratford Employment Tribunal moved offices in 2009 progress of the claim was delayed and there was a period in which the Tribunal had misplaced its file for the case. Progress in the Tribunal began in late 2009 by which time the Respondent began to make movements towards settlement, at first resisted by KM and then accepted earlier in this year. KM has since relocated to the United States and was pleased with the settlement (confidential) she received.

MG has a visual impairment and went to his local job centre where he was not given documents in large print. The Job Centre has agreed to make changes to its policies.

GL worked for a larger retail store as a shop assistant. He has depression. He was suspended for being “too disruptive”. We were able to secure him a compromise agreement of £20,000.

SK has MS and was dismissed from her job for performance related issues. We submitted a claim form arguing that her employer could have made reasonable adjustments for her. We settled this case for £5,000.

LT has MS and her employer failed to make reasonable adjustments such as to allow her to return to work on reduced hours. We raised a grievance and she has now returned to work on reduced hours.

RW has cerebral palsy and applied for a job at a government service. She was offered a position, which was later withdrawn because none of the office are accessible. We represented a full merits hearing. The case was settled half way through the hearing for £15,000, which represented a year’s salary.

RT has a number of disabilities including auto immune deficiencies. She worked as a manager for a London based charity but was made redundant last year. The main reason for her selection for redundancy was her employer’s decision to treat her agreed move to working a four day week as sickness absence. Despite Ms R finding an alternative role within a short period of time, we took a claim against her employer for unfair dismissal and disability discrimination, and have been able to negotiate £14,000 in compensation for our client.

SM has Aspergers Syndrome and was dismissed from his employment following a confrontation with his manager which led to accusations that he had reacted inappropriately. We helped Mr S to negotiate a compromise agreement with his employer which led to him receiving £17,000 in compensation for his dismissal.

MW has arthritis and purchased a mobility scooter from a local scooter company. She experienced a number of issues with the scooter’s performance, in particular problems with its breaks and with it loosing speed. Although Ms M complained to the company they stated that in order for her to be given a new scooter she would be required to pay them a fee for the rental of her current scooter. With the assistance of DLS Ms M has been provided with a brand new scooter at no additional cost.

For example cases from 2009, click here