Discrimination

Disability Discrimination (Disabled Client)

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I recently acted for a client who came to me for assistance in respect of disability discrimination at work. Please read on for more information about how I was able to assist my client and achieve the compensation he deserved.

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. However, although some changes were made, this was all done informally and the adjustments were treated as “favours” the employer was giving my client (as opposed to their compliance with their legal obligations).

Unfortunately, as a consequence of the above, my client had for many years carried out his duties without adequate reasonable adjustments. Matters came to a head 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. These delays resulted in him having to take time off work on sick leave. 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. More information about our Fixed Fee Consultation service is available on our website at https://lincslaw.co.uk/fees/employees/.

At the Fixed Fee Consultation, 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. For more information, please see our website at https://lincslaw.co.uk/blog/what-does-without-prejudice-mean/.

I was delighted for my client when the employer agreed to our offer of settlement. I was able to achieve payment of a substantial 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: https://lincslaw.co.uk/services/settlement-agreement/.

Once I had ensured the Settlement Agreement was correctly drafted to protect my client’s position, he confirmed he was happy to sign. 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.

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.”

Lincs Law Employment Solicitors Can Help You

If you have any concerns about disability discrimination in your workplace, call us on 01522 440512 for a free telephone consultation and we’ll be happy to help.

Jasmine Stewart, Specialist Employment Solicitor