I was delighted to help my client in their claims for unfair dismissal, health and safety detriment and disability discrimination against their former employer in the Employment Tribunal. Read on for more information about my client’s story.
My Client’s Story
My client had a long history of anxiety and depression. Their job as a driver involved regular and close contact with members of the public. In early 2020, as fears over COVID-19 grew and the virus became more widespread in the population, my client became concerned about their own health and safety at work. My client considered they were at greater risk of catching the virus due to their occupation and were worried, not only for themselves, but for any vulnerable people with whom they may be in contact and could pass the virus to.
My client raised their concerns with their employer. My client wasn’t satisfied that the employer had put sufficient measures in place to protect them or members of the public. My client grew increasingly anxious and stressed. They tried to explain their concerns to their employer, which were compounded due to their anxiety. My client felt that their employer did not want to listen and was not interested in how they felt or in doing anything to allay their fears. The employer’s response was to suggest my client stay home (with no pay) or to offer them work at times they knew my client particularly struggled with due to anxiety. Eventually, my client’s employer determined that my client was unreasonably refusing work and they were dismissed.
How I Helped My Client
I had an initial consultation with my client following their dismissal where we talked through the situation in detail. My client was upset and extremely anxious and was finding it difficult to cope with the situation they found themselves in, particularly as they had had a good working relationship with their employer for the previous two and a half years. However, my client also felt that the way they had been treated by their employer was wrong.
I explained to my client that they had potential claims against their former employer and could pursue those further, if they wanted to do so. My client decided that they did want to take the matter further, with my support. We tried to seek a resolution through the ACAS Early Conciliation process but that failed. We therefore issued a claim in the Employment Tribunal including for unfair dismissal, disability discrimination and detriment for having raised health and safety concerns. In the end, a settlement was reached which my client was happy with.
Client Review
“Kathryn helped me by listening and understanding all of my concerns and gave sound advice all the way through to the end of my case. Kathryn is hard-working, committed, has a lot of patience, easy to talk to even when i was incredibly nervous, caring, extremely knowledgeable in employment law and other fields. Kathryn is amazing, i can’t speak highly enough of her. An absolute credit to the law firm”.
Lincs Law Employment Solicitors Can Help You
If you are being subjected to discrimination at work and would like some assistance with your situation, please contact us for a free no obligation consultation with a fully qualified Employment Solicitor. Simply use the contact form, engage in a web chat, email contactus@lincslaw.com or call us on 01522 440512 and we’ll be happy to help.
Alternatively, for more information about claims to the Employment Tribunal, visit our website at https://lincslaw.co.uk/services/employees/employment-tribunal-claims/
Kathryn Bolton
Associate
Specialist Employment Solicitor
Lincs Law Employment Solicitors