Disability Discrimination: Case Study
I recently acted for a client who came to me for assistance in respect of disability discrimination. Please read on for more information about how I was able to assist my client and achieve the compensation he deserved. If you are worried about a disability discrimination matter at work, just call on 01522 440512 for a free telephone consultation.
My Client’s Story
My client was a loyal and long-serving disabled employee. His employer was aware of his disabilities and the fact that he required reasonable adjustments to be able to carry out his duties at work.
Unfortunately, my client had, for many years, carried out his duties without adequate reasonable adjustments. Matters came to a head more recently, when sadly, his health declined. As a result, he requested Occupational Health Assessments and formal meetings to discuss the need for reasonable adjustments.
My client was met with lengthy delays and unsatisfactory responses from his employer in respect of his requests. Even once the necessary Occupational Health Reports had been obtained, his employer was reluctant to properly engage in a return to work and reasonable adjustments procedure.
How I Assisted My Client
My client contacted Lincs Law Employment Solicitors for an initial free enquiry as he was unsure how to proceed with his employer. During this initial phone enquiry, I advised my client that he may have disability discrimination claims but I would need to undertake a further, more formal, assessment of his case.
My client therefore arranged a Fixed Fee Consultation. This was a stand-alone appointment of unlimited duration but for a fixed fee in which I provided a detailed assessment of the employment claims available to him, the associated compensation and what next steps he should take.
I was able to confidently advise my client that he had multiple disability discrimination claims he could bring against his employer. My immediate advice was to submit a detailed Formal Grievance to his employer clearly setting out the multiple failures to deal with him fairly as a disabled employee. My client instructed me to prepare this Formal Grievance on his behalf.
Once the Formal Grievance had been submitted, my client and I discussed how he wished to proceed. At this stage, he had two options. He could lodge his claims in the Employment Tribunal, or he could try and negotiate an exit package. After consideration, my client decided the best outcome would be to end his employment and look to negotiate an exit package. He instructed me to undertake the negotiations on his behalf.
I therefore entered into Without Prejudice negotiations with his employer with a view to obtaining an exit package.
I was delighted when the employer agreed to our offer of settlement.
I was able to achieve a four-figure compensatory award; his accrued holiday and notice paid as a lump sum; a good positive reference; and, a significant contribution towards his legal fees.
The final stage was to go through the Settlement Agreement. This is a contract which settles any employment rights and claims and sets out the terms of the settlement. For more information, please see our website: Settlement Agreement – LincsLaw Employment Law Solicitors – In Lincoln
Once I had ensured the Settlement Agreement was correctly drafted to protect my client’s position, he confirmed he was happy to sign the Settlement Agreement.
My client was thrilled that we had been able to achieve his desired outcome. I had kept my client updated throughout the process and explained to him each stage of the process in detail. It was important to my client that his legal fees were properly managed. The Fixed Fee Consultation and Formal Grievance were done on a fixed fee basis, and I was able to offer him a Conditional Fee Arrangement in respect of the negotiations.
My Client’s Review
I am always humbled to receive positive client feedback and I was exceptionally grateful to receive the below 5 star review:
“Thank you for your excellent work. I couldn’t have wished for a better adviser. Very professional, prompt replies, listened to my concerns and provided clear explanations and advice in a friendly manner. The whole thing was a lot less painful than I imagined it would be, can’t thank you enough.”
How Can Lincs Law Employment Solicitors Help You?
If you have any concerns about disability discrimination in your workplace, call us on 01522 440512 for a free telephone consultation. Alternatively, for more information about disability discrimination, please visit our website at https://lincslaw.co.uk/services/employees/workplace-problems/disability-discrimination/
Specialist Employment Solicitor
Lincs Law Employment Solicitors