Claimant v Department for Work and Pensions — 2021

The claimant was employed by the respondent and had stress, anxiety and depression which the respondent conceded amounted to a disability. She had previously complained about disability discrimination, brought earlier tribunal proceedings, and given evidence in those proceedings. The respondent conceded that these were protected acts for the purposes of Section 27 Equality Act 2010.

The tribunal found that the claimant's application for injury benefit should have been dealt with by her line manager and fairly considered under the respondent's policies. It found that Alison Leslie should not have dealt with the My CSP enquiry, was not the claimant's line manager, did not know the answer to the question asked, and did not seek appropriate advice. The tribunal found that the claimant's working pattern change was temporary rather than permanent, and that Ms Leslie's consideration of the application was adversely affected by the earlier matters to the extent that she failed to fairly and reasonably consider it or deliberately ensured it would not be granted.

The tribunal held that refusal of the injury benefit application was a detriment, that the claimant had been subjected to that detriment because she had done protected acts, and that the complaint of victimisation was well-founded. The claimant limited remedy to injury to feelings, and the tribunal awarded £6,000 plus £522.72 interest, making a total of £6,522.72.