Mr F Clarke, Counsel For the v Respondent — 2025

The tribunal unanimously found that the respondent failed to make the reasonable adjustment of allowing the claimant to work from home from 14 March 2022, subject to a review after three months. It also found that subjecting the claimant to the sickness absence procedure without first trying that adjustment was discrimination arising from disability contrary to section 15 of the Equality Act 2010, and that the dismissal was likewise discrimination arising from disability. The claimant was also found to have been unfairly dismissed, while the claim for unauthorised deductions from wages was not upheld.

The disability findings were based on the respondent's handling of the claimant's disability-related position and the fact that the agreed or sought home-working adjustment had not first been tried before the sickness absence procedure was applied and before dismissal. The judgment records those conclusions as unanimous findings of the tribunal.

On remedy, the tribunal awarded a basic award of £4,282.50 and £500 for loss of statutory rights. It awarded £6,682.41 for pre-dismissal financial loss, with £823.13 interest, and £15,121.84 for financial loss from dismissal together with £1,979.54 pension loss and £1,694.21 interest. It also awarded £12,000 for injury to feelings on dismissal with £2,377.64 interest, and £8,000 for pre-dismissal injury to feelings with £1,958.57 interest.

The tribunal's award section states a taxable subtotal of £45,461.27 and then applies a grossing-up calculation, adding the non-taxable pre-dismissal injury to feelings element of £9,958.57 to reach a total award of £62,281.52.