Mrs L Cook v Department for Work and Pensions — 2022

The Tribunal upheld the claimant's complaints of disability discrimination. It found that the respondent discriminated contrary to sections 15 and 39 of the Equality Act 2010 by treating her unfavourably because of something arising in consequence of disability, and also upheld the complaint that the respondent failed to make reasonable adjustments under sections 20 and 21 of that Act.

The Tribunal also upheld the unfair dismissal complaint under the Employment Rights Act 1996. For remedy purposes, it considered the Polkey issue and concluded that the claimant's employment would have continued beyond dismissal, but only for a limited period. It adopted an assumed return date of 20 January 2020, then found on the medical evidence that the claimant would not in fact have returned on that date and that a further attendance management process would probably have concluded within about three weeks.

On financial loss, the Tribunal recorded that those calculations did not affect loss of earnings because the claimant would not have been receiving salary or sick pay and had already received payment in lieu of notice. On injury to feelings, it treated the discrimination acts as closely linked and considered the case within the middle Vento band, awarding £10,000 as fair, reasonable and just.