Under the Equality Act 2010, the six main categories of disability discrimination are as follows: Direct discrimination Indirect discrimination A failure to set in place reasonable adjustments Discrimination that arises from disability Harassment Victimisation Direct Discrimination garnered a lot of headlines recently. This can be difficult to estimate and youll have to make sure you have evidence to back up what you say - like job adverts showing your job was better paid than other similar jobs in the area. Most employment discrimination cases arise under some combination of Title VII of the 1964 Civil Rights Act, the Age Discrimination in Employment Act (ADEA), the Equal Pay Act (EPA), 42 U.S.C. The number of cases accepted by Motoring organisations like the AA or RAC can give you an idea of how much it costs to run a car. Disability Discrimination Employment Agencies Act 1973 Equal Pay Act European Material Fixed Term Regulations Flexible Working Harassment Health & Safety Landmark disability discrimination case: woman wins payout by Personnel Today 22 Apr 2010 The woman at the centre of a landmark discrimination case in which the House of Lords clarified the UKs Disability Law has been awarded 125,000 compensation from her former employer. The court remitted the case to the The highest award in an unfair dismissal claim this year was 118,842. Shell get Maternity Allowance but wont be entitled to Statutory Maternity Pay (SMP). fund. indication of non-cooperation. If a tribunal accepts your employers argument, it might reduce your compensation. reasoning to the question of whether impairment was likely to Aggravated damages were On 5 December 2017, which was during the course of this The income and benefits you would have been paid during this time. It is also part of the information that we share to our content providers ("Contributors") who contribute Content for free for your use. which began to affect Mr Barrow's mental health, causing him to properly analyse what is being asked of them. Youll need to show that youre applying for promotions elsewhere. As well as this bulletin, the following products are published as part of this release: A supporting document providing further information on how the data is collected and processed, as well as information on the revisions policy and legislation relevant to trends and background on the functioning of the tribunal system. This figure was a disproportionately high outlier (index: 24.2) due to the disposal of a large multiple claim against an airline. These are called heads of claim. InAderemi v London South and For technical detail about data sources, quality, policy changes and terminology, please refer to the accompanying Guide to Tribunal Statistics. Morton Fraser are here to provide order to chaos and elegance to the complex. You have accepted additional cookies. conclusions. The rules on interest are in section 139 of the Equality Act 2010. Its helpful to start your schedule of loss with a background section setting out important dates and amounts. Mondaq uses cookies on this website. Appeal. If you saw your GP about the impact of the discrimination on you, you could ask your GP for a report - check if theyll charge you a fee for this. Equality success stories 3. This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. 0000005898 00000 n Bespoke services | Occupational health | CQC compliance | Training & e-Learning. We also use cookies set by other sites to help us deliver content from their services. 0000015863 00000 n Use of ostensible decision makers as puppets in the This list is called a schedule of loss. could avoid making an adjustment by relying on someone else to In this case, employees who submitted a certificate after a competitor between 2000 and 2002, Mr Barrow had worked at KBR for Aderemi v London and South Eastern Railway Ltd [2012] The news that a dismissed employee was awarded more than people. Figure 4.1: Applications for Gender Recognition Certificates received, disposed of and pending, 2009/10 to 2019/20 (Source: Tables GRP_1 and GRP_2), Figure 4.2: Full Gender Recognition Certificates granted by year of birth, 2009/10 to 2019/20 (Source: Table GRP_4). conducted another dismissal process, which concluded with Mr Barrow Press enquiries should be directed to the Ministry of Justice or HMCTS press office: Daniel Mulloy - email: Daniel.Mulloy@Justice.gov.uk. Generally, when considering the treatment of a disabled person, the main learning points for employers and their advisers. He said it would have been a reasonable adjustment to allow actions. You might get one if your employer meant to hurt you or if they were rude or dismissive at the hearing. You should always be willing to consider any reasonable offers to settle your claim. taking account of what they can do. place). Of the 80 full certificates granted in April to June 2020, seven were for married applicants and 73 for single applicants. They claimed that they suffered from depression practice (PCP), he would not be able to establish that it put him During discussions at the time, a deputy manager had made reference to the claimant limping around the branch, which suggested to the claimant that her physical disability had been a contributing factor in this decision. 3 INTERESTPast financial loss (6,500)Interest at 8% per year on 6,500 = 520 per yearMidpoint between 17 December 2017 and 17 June 2018 = 18 March 2018From 18 March 2018 to 17 June 2018 = 92 days92 days 365 days x 520 = 131.07, Date of discrimination: 17 December 2017Date of calculation: 17 June 2018Interest at 8% per year on 12,000 = 960 per yearFrom 17 December 2017 to 17 June 2018 = 183 days183 days 365 days x 960 = 481.32. 1 LOSS OF EARNINGSAfter I was dismissed I claimed Jobseekers Allowance. that the Equality Directive also applies to differential treatment Instead, it seemed that These awards are though considerably lower than some of the awards that have been reported in recent years. We need this to enable us to match you with other users from the same organisation. While not establishing any new principles, it is the whole picture. Youll get more compensation if the tribunal thinks it will take you longer to get a job. He had worked at the company in various roles since 2.5m for disability discrimination and harassment has out inGoodwin v Patent Office Head to our Insights section to find out more. In 2018/19 the highest award for a sex discrimination claim was 24,103, in 2019/20 it was 73,619. being finally dismissed on 31 May 2018, ostensibly on the grounds cancer diagnosis, it did not use the second dismissal process to Annual ET and EAT tables covering the representation of claimants in the ET, compensation and costs awarded for discrimination ET appeals and a further breakdown of EAT appeals. The latest figures that we have of tribunal awards generally are from 20192020. Employers must conduct an open minded dismissal process, with Ethnicity pay gap reporting guidance published. disadvantage. Its purpose is to try and increase public awareness about both the causes and cures of the modern stress epidemic. (c) a tendency to physical or sexual abuse of other persons, (see paragraph below). This could be coincidence but it could also be related to the changing views of society brought about by the #MeToo movement. attempt to reduce its liability to pay a contribution to a state Figure 3: Registered SEND appeals, Q1 2010/11 to Q1 2020/21 financial year (Source: Tables S_2, S_3 and S_4), 87 Gender Recognition Panel (GRP) applications were received and 83 were disposed of between April to June 2020; 150 applications were pending by the end of June 2020. Your feedback will help us give millions of people the information they need. Dont just copy this example. In most discrimination cases, the injury to feelings compensation covers impact on your health. L Licensing. He was escorted from the office This means theyll have discriminated against you. However, the employment tribunal The fact that they have coping affect Mr Barrow's mental health, causing him to suffer You should get specialist advice. The rate of interest is currently 8% a year. A set of overview tables, covering each section of this bulletin and two additional sets of tables on Employment Tribunals (for ET Fee Refunds and ET Management information Annex C). or job applicants with potential disabilities. dismissal on 5 December 2017 that Mr Barrow was to be dismissed 45 (56%) of the individuals granted full certificates were registered male at birth while 35 (44%) were registered female at birth. Our statisticians regularly review the content of publications. your employer firing you due to disability-related absences. The claim of victimisation (s.27 EQA) fails and is dismissed. Our unlimited, fixed-fee service means all our advice, support and technology is provided for a fair price agreed upfront, with no hidden charges to worry about. For example, they might dismiss you before trying to make reasonable adjustments. WebIn most services cases, the discrimination is likely to be a one-off incident, and the award is likely to be in the lower band of 900 to 8,600. he was on the autism spectrum. given date confirming their disability received an allowance. Commission'sEmployment Code of other treatments were attempted in order to deal with the itchiness finding against the employer for unfair dismissal and disability Dont ask for the maximum amount if you cant justify it. life, the disorder did not have a substantial adverse effect on his The tribunal found the company could not provide a non-discriminatory explanation for its treatment of the claimant. Discrimination awards are not subject to a cap, unlike straight unfair dismissal claims and most other heads of claim in the Tribunal. some disagreements between Mr Barrow and his line manager in Decided: 3 April 2023. This bulletin will focus on all the other individual tribunals only and not the overall picture as the excluded tribunals forms a large proportion of the overall caseload. 0000000676 00000 n The content of this article is intended to provide a general Ltd[2021] is notable for the size of the award made by The company was ordered to pay 576 in unpaid wages, as well as 25,000 in compensation and 4,069.23 in interest. Youll need to think about the 3 different periods set out in this table: Any maternity benefits youve lost. No awards were made in sexual orientation claims in 2018/19 whereas 5 were made this year with a median of 9,245. Mr W By a claim form presented to the Tribunal on 11 October 2018, the Claimant brings claims of unfair dismissal and disability discrimination against the Respondent. The number of unfair dismissal claims receiving compensation has been falling since 2010/11, only rising in 2018/19 (from 540 claims in 2017/18 to 660 claims). Mondaq uses cookies on this website. This quarters publication does not include SSCS and IA tribunals due to data issues identified during quality assurance. . The tribunal will expect you to explain if it would be likely to take you less time or longer. not common, tribunals can award 'career-long losses'. The multiple claims disposed of relate to 290 multiple cases, down from 400 cases in April to June 2019. Fixed fee service | Occupational health | CQC compliance | Training & e-Learning. If you werent planning to go back to work after your maternity leave, you cant claim any loss for this period. The tribunal can order them to pay compensation for: You might have other claims as well as discrimination. (ii) it is likely to last for at least 12 months, or If your financial loss is ongoing - like if you havent found a new job - say how long you think it will be before you find a new job, or one that pays a similar amount to your old one. Well send you a link to a feedback form. Barrow had worked at KBR for 36 of the 38 years preceding his Although his work performance decision by Mr Barrow's line manager. Dont include personal or financial information like your National Insurance number or credit card details. be required to make to alleviate disadvantage to a disabled Discrimination, Disability & Sexual Harassment, When Your Employee Doesn't Have The Right To Work, What To Expect In Employment Law In 2023 (Video), Three key employment policies every business in the UK needs, Women In The Workplace: What's Changed (And Changing) In The UK And Europe, Employers To Be Liable For Harassment Of Employees By Third Parties On Their Premises. fell into error when considering the issue of substantial aware of the effect of the steroids on his mental health, and after News stories, speeches, letters and notices, Reports, analysis and official statistics, Data, Freedom of Information releases and corporate reports, beta Outstanding caseload rose by 31%. disaggregation in other words, considering each of the Tribunal makes second largest disability discrimination award ever The decision in Barrow v Kellogg Brown & Root (UK) Ltd [2021] is notable for the size of the award made Development of new and improved statistical outputs is usually dependent on reallocating existing resources. informal warning. that 'likely' in the context of 'likely to last at Case law: Disability discrimination in 2021 - Boyes Turner Mallon what adjustments he wanted but that he had not provided This can happen when people: treat you differently. tribunal found that KBR had not identified repudiatory conduct The MOJ Chief Statistician and Head of Profession for Statistics has taken the decision to release a partial publication as doing so reflects the public interest and usage of these statistics. whether an impairment had a 'substantial adverse effect' on The relative increase in the number of claims where awards were made compared to other claim jurisdictions is also significantly higher in sex discrimination cases - 19 awards of compensation were made in 2018/19 compared to 46 awards of compensation in 2019/20. Do your very best work with us and we will help you reach your full potential. what she would have earned between her dismissal and the start of her maternity leave, the difference between what SMP she would have got and what MA she will get, 6 months pay because thats how long she thinks it will take her to find a new job once shes ready to go back to work. intuitively. UK Auxiliary aids include auxiliary services; for If your employer doesnt pay you compensation within 14 days of the tribunals decision, you can also get interest at 8% from the date the compensation was calculated. AECOM argued that it had asked Mr In the quarter April to June 2020, 81 refund payments were made by the MoJ, with a total monetary value of 87,000. alleged discriminatory acts. then, during the course of Mr Barrow's treatment, KBR purported let him go for poor performance. company in various roles since joining as a graduate trainee in by the Tribunal to be a sham aimed at demonstrating a fair process, Once youve worked out what you can claim, its helpful to set it all out in a list called a schedule of loss or a statement of remedy. Mr Barrow was successful in is claims for discrimination, Find out about the Energy Bills Support Scheme, N Kausal nee Sharma v Teoxane UK Ltd: 1402810/2021, Mrs J R ODay v The Dominic Barberi Multi Academy Company: 3325832/2019, Mrs A Allen v Worcestershire Health and Care NHS Trust: 1304655/2018, Mrs C Goddrad v Gurps Klair: 1302008/2019, Miss L Ullyott v Stronglife Care Ltd and others: 1801651/2022, Ms A Rosu v Network Rail Infrastructure Ltd: 3207924/2021 and 3200962/2022, Ms K Palmer v Norfolk Feather Company Ltd (in liquidation): 3322891/2021, Mrs E Kavanagh v Hertfordshire Partnership University NHS Foundation Trust: 3306822/2021 and others, Mr S Jarju v John Lewis plc: 3316532/2021, Miss A Xena v Karrek Community CIC: 1402600/2022, Mr S Asante v Greencastle MM LLP: 2204634/2022, Mr M Nwanze v Kocho Group Ltd and Others: 2205909/2022 and 2200001/2023, Ms K Steele v Reed Specialist Recruitment Ltd and Paystream My Max Ltd: 4101077/2022, Mr C McArthur v Houlihan Pharmacy Ltd: 4105887/2022, Ms J Yegliss v Liverpool University Hospitals NHS Foundation Trust: 2402432/2021, Ms C O'Boyle v St Helen's and Knowsley Teaching Hospitals NHS Trust: 2413495/2020, Mrs S Walker v Co operative Group Ltd and R Pennycook: 2403044/2016, Mr R Stevenson v Home Office: 2500921/2022, Mrs K Luker v South Tyneside and Sunderland NHS Foundation Trust: 2504232/2019, Mr M Milen v Redcar and Cleveland Voluntary Development Agency: 2501657/2022, Mrs L Chivers v L Rice and others: 3308804/2022, Ms C Currell v Hertfordshire County Council: 3300094/2022, Mrs K Simmons v RJ Simmons Agricultural Services Ltd: 3308912/2022, Ms M Proctor v Gillette UK Ltd: 3314742/2020 and 3314127/2021, Mrs A Taylor v C A Leith (Opticians) Ltd: 3306777/2021, Mr M Tapu v Marcus and Marcus Ltd: 3307373/2022, Miss T Mbon v Forest Hill Nursery: 2305951/2021, Miss J Brown v East Lancashire Hospitals NHS Trust: 2415122/2021, Ms B Sam v Department for Work and Pensions: 2408890/2021 and Others, Mr P Barrow v Wardle Conservative Club Company Ltd: 2406345/2022, Mr N Duke v B & M Retail Ltd: 2407320/2021 and 2408357/2021, Mr J Edwards v Seqirus UK Ltd: 2406533/2022, Mr G King v Capital Business Services Ltd: 2417631/2020, Mr D Chow v NHS Cheshire and Merseyside Integrated Care Board (Amended from NHS Halton Clinical Commissioning Group): 2408404/2021, Mr L Pstragowski v D&G Bus Ltd: 1311098/2020, Miss N Nash v Dunston Business Village: 1300107/2023, Ms F Kaiser v Khans Solicitors and Mr M Khan: 3205000/2021, Miss M Kazi v Barts Health NHS Trust for Newham University Hospital: 3203819/2022, Miss C Partner v Heheals Pharmaceutical Services Ltd T/a Christchurch Care: 3204910/2021, Miss M Crew and Miss J Mason v Three Milestone Education Ltd: 1400032/2022 and 1400033/2022, Ms T Lanni v Hampshire Hospital's NHS Foundation Trust: 1405011/2020 and 1405279/2020, Mrs G A Shute v 2 Agriculture Ltd: 1601602/2021, Mr M Rogers v Chief Constable of South Wales Police: 1601642/2022, Mr K Taylor v Mr P Roberts and others: 1601104/2022, Ms S Begum v Slough Borough Council and Mr M Jarrett: 3320578/2021, Mr N Papashvili v Governing Body of A School and others: 3303357/2021 and others, Ms J Robinson v Nourish Contract Catering Ltd: 2300619/2021. You can change your cookie settings at any time. April is Stress Awareness Month'. of different groups of disabled people. 4, VL v Szpital Kliniczny [2021] EUECJ C-16/19. not time limited. HHJ Tayler set out the four-step analysis of the evidence set expensive results. It affected my confidence evenafter I started my new job. You can claim compensation for injury to feelings for almost any discrimination claim. Our team of experts are at the forefront of industry and are keen to share their knowledge. 0000001907 00000 n favour of claimants. In some rare cases, you might have had a physical injury or a more serious mental health problem. cancer diagnosis at the time of the first dismissal, they were 0000008514 00000 n You should ask for interest to be added to your claim. 5 fewer applications were received by the GRP this quarter, compared to April to June 2019. The tribunal can also award compensation for loss of future earnings. No interim certificates were converted to full GRCs between April to June 2020. UK: Case Law: Disability Discrimination In 2021 - Mondaq For cases which are serious but don't fall into the top band. kind of disability over another. In giving the court's decision, Lewis LJ referred to UK Get legal updates, helpful articles, free resources and details of all our events straight to your inbox. The highest sum awarded in the period 1 April 2019 to 31 March 2020 was 265,719 and was awarded in a disability discrimination claim. 2018. Figure 1.1: Index of Employment Tribunals single and multiple claim receipts, Q1 2009/10 Q1 2020/21 (Source: Tables S_2), Figure 1.2: Index of Employment Tribunals single and multiple claim disposals, Q1 2009/10 Q1 2020/21 (Source: Tables S_3)[footnote 1], Figure 1.3: Index of Employment Tribunals single and multiple claims outstanding, Q1 2009/10 Q1 2020/21 (Source: Tables S_4). Find decisions on Employment Tribunal cases in England, Wales and Scotland from February 2017 onwards. 0000007198 00000 n 0000013214 00000 n reminder of a tribunal's ability to make a substantial award in From the launch of the ET fee refund scheme in October 2017 to 30 June 2020, there were 22,000 applications for refunds received and 22,000 refund payments made, with a total monetary value of 18.2 million. If you got an annual tax statement that will show the value of the benefit. at a substantial disadvantage. adjust its perception of some of Mr Barrow's conduct. Tribunal (EAT), which raised some important points of principle. One of these treatments was a steroid UK: Tribunal Awards 2.5 Million In Record Disability Discrimination Registered number 01436945 England Registered office: Citizens Advice, 3rd Floor North, 200 Aldersgate, London, EC1A 4HD, Work out how much compensation you could get for discrimination. This example is for a claim by Helen Jones who was dismissed after 6 months when her employer found out she had a mental illness. One of these treatments was a steroid which began to it used his inability to attend meetings during chemotherapy as an Keep up to date with legal insights, our comments on the latest legal updates and articles covering all types of legal queries and scenarios, written by experts from our teams. Discrimination is one of the most serious claims that can be made at an employment tribunal and is taken very seriously by tribunal judges and by society at large. Despite that, the Employment Tribunal Services regularly publish statistics telling you how difficult it is to win claims for discrimination compensation. more than 4,000 female council workers have won the right to be paid the same as their male colleagues in a case We will report on all of this this time next year. the claimant. make decisions that exclude you. BBC Panorama found the DWP lost 17 of 134 claims of discrimination against its own disabled workers from 2016-19. A tribunal can award you interest on the injury to feelings and financial loss parts of your compensation. However, the Judge dismissed the appeal, maintaining that the original Tribunals reasoning was coherent and clear. Is there anything wrong with this page? It will also make it more difficult for you to negotiate a settlement with your employer. a ruse to prevent the need to go through a capability Though generally not known for eye-popping awards due to the She wrote her schedule on 10 August 2018. In 2017, Mr Barrow began to be treated for skin itchiness and It ordered RBS to pay 4,670,535 thought to be the highest amount ever awarded for a disability discrimination claim. Read more about grievances or disciplinary action. bully or harass you. amounts of money for areas such as whistleblowing and Practiceprovides that: An auxiliary aid is something which provides support or September 2018 (ie a month after the alleged discrimination took question, which is whether the claimants' impairment at the The Equality Act 2010 says that discrimination is illegal. manner attempted by KBR is likely to be exposed at tribunal, with To help us improve GOV.UK, wed like to know more about your visit today. Sign Up for our free News Alerts - All the latest articles on your chosen topics condensed into a free bi-weekly email. The letter to the DVLA and the claimants new employers were also seen as harassment related to disability. The number of SEND disposals rose by 17% (to 1,800) in April to June 2020 compared to the number of disposals in April to June 2019. Figure 2.1: Representation of claimants at Employment Tribunals, 2005/06 to 2019/20. My name's Paul Griffin and I'm Head of the Norton Rose Fulbright Employment Team in EMEA. The company also neglected to arrange any occupational health support to enable the claimant to work more comfortably and improve her capacity to carry out tasks. just to focus on whether a PCP has put the person at a Over 2.5 million in damages is that normal? - Keystone Law officer simply being used as a messenger for a predetermined Costs and compensation are allocated to the lead jurisdiction in the claim only. Claiming compensation for a personal injury, Help for victims of rape and sexual violence, Keeping your family in the UK after Brexit, Getting a visa for your spouse or partner, Vento v Chief Constable of West Yorkshire Police (2002). , For those individuals representing themselves, there is no need to provide information on representatives. After it became aware of the This publication gives tribunal statistics for the latest quarter (April to June 2020, Q1 2020/21), compared to the same quarter the previous year. disability discrimination award ever made by the Employment It is discrimination when a person puts you at a disadvantage. WebThe EAT ordered RBS to pay 4,670,535, plus an additional 54,266 to cover lost interest, a sum thought to be the largest ever awarded for disability discrimination, leading to a total of 4,724,801. rather than on what they can do. Quarterly case law update the difficulties faced by people with dyspraxia. These measures, coupled with taking advice from an Employment Law specialist where necessary, will help you to avoid a similar fate. Disability discrimination dismissal on 5 December 2017 to let Mr Barrow go. David Barrow was a head of programme management at Kellogg Brown least 12 months' means 'could well happen'. out Mr Mallon's claim. impairment is more than minor, it is substantial: there is not a Of the 83 applications disposed of, a full Gender Recognition Certificate (GRC) was granted in 96% of cases (80 full GRCs), nine percentage points higher than in the same period in 2019 (where 87 full GRCs were granted out of 99 disposals). Discrimination, Disability & Sexual Harassment, When Your Employee Doesn't Have The Right To Work, What To Expect In Employment Law In 2023 (Video), Three key employment policies every business in the UK needs, Women In The Workplace: What's Changed (And Changing) In The UK And Europe, Employers To Be Liable For Harassment Of Employees By Third Parties On Their Premises. InAll Answers, Mr W and Mrs R brought various Does the impairment have an adverse effect upon the ability to Tribunal makes second largest disability discrimination award ever The decision in Barrow v Kellogg Brown & Root (UK) Ltd [2021] is notable for the size of the award made hearing. This reduction comes as something of a surprise as it had seemed likely that numbers would keep increasing following the abolition of fees and we are still some way off the 2012/13 (the last year prior to the temporary introduction of fees) figure of 191,541 claims.