Mr G Price-Rowlands, barrister For the v Mr J Duffy, barrister — 2025

The claimant, a Work Coach employed by the Department of Work and Pensions from August 2012, brought claims of unfair dismissal, disability discrimination (direct, arising from disability, and failure to make reasonable adjustments), and unauthorised deduction of wages/breach of contract following her dismissal on capability grounds linked to long-term absence connected to pulmonary embolisms, POTS and Long Covid. The direct disability discrimination and wages/contract claims were withdrawn during the hearing.

The Tribunal found the dismissal unfair and upheld the s.15 Equality Act claim that the respondent treated the claimant unfavourably by dismissing her and by failing to refer her to the DWP long covid clinic from 11 October 2022, the reason being something arising from her disability (her absence). The Tribunal found this was not a proportionate means of achieving the respondent's legitimate aim of managing the workforce, because the need to have the role performed did not override the claimant's entitlement to the benefit of the respondent's own policy. The reasonable adjustments claim under s.20 was dismissed.

On remedy, the Tribunal made no compensatory award for past or future loss of earnings, finding that even if the claimant had been referred to the DWP long covid clinic her dismissal would only have been delayed by about three months and she would have remained on nil pay during that period, after which a fair dismissal would have followed. The Tribunal awarded a basic award of £8,714.70, £500 for loss of statutory rights, £13,000 for injury to feelings (lower end of the middle band) and interest of £2,521.64 at 8% over 885 days, producing a total award of £24,236.34.