Cases→8001652/2024

Claimant v Tillicoultry Quarries Limited

15 December 2025Before Employment Judge C McManusScotlandon papers

Outcome

Claimant succeeds£22,367

Individual claims

Direct Discrimination(disability)succeeded

The claimant's complaints of disability discrimination under section 15 (discrimination arising from disability) and section 21 (failure to make reasonable adjustments) of the Equality Act 2010 were successful. The tribunal found that the respondent had discriminated against the claimant through its conduct over a period of time involving a series of meetings.

Facts

The claimant succeeded in claims of disability discrimination under sections 15 and 21 of the Equality Act 2010. He worked at the respondent's quarry which was 8 minutes from his home in a rural area. The discriminatory conduct occurred over a period of time involving a series of meetings. The claimant expressed feeling 'absolutely gutted' about the treatment, having enjoyed working there. He faced difficulties finding alternative employment due to lack of jobs in the rural area and inability to travel without his driving licence.

Decision

This is a reconsideration judgment on remedy only. The tribunal partially granted the respondent's reconsideration application: the compensatory award will be recalculated on a net basis as it falls within the £30,000 tax-free band, but the injury to feelings award of £7,000 (lower Vento band) is confirmed as fair, reasonable and just based on the evidence heard and not manifestly excessive.

Practical note

When calculating compensatory awards in discrimination cases, tribunals should ensure awards under £30,000 are calculated on a net basis to reflect the tax-free treatment under ITEPA 2003, and injury to feelings awards in the lower Vento band must be carefully evidenced and not based on assumptions about impact.

Award breakdown

Compensatory award£20,969
Injury to feelings£7,000
Interest£1,865

Vento band: lower

Legal authorities cited

Vento v Chief Constable of West Yorkshire Police [2003] ICR 318Prison Service and ors v Johnson 1997 ICR 275 EATKomeng v Creative Support Ltd EAT 0275/18Eddie Stobart Ltd v Graham [2025] EAT 14Cowie and others v Scottish Fire and Rescue Service [2022] IRLR 913Harvie v Scottish Ambulance Service Board [2023] 6 WLUK 667Fubara v Certus Recruitment Limited ET/2211329/2022London Borough of Hackney v Adams [2003] IRLR 402Commissioner of Police of the Metropolis v Shaw [2012] IRLR 291

Statutes

Income Tax (Earnings and Pensions) Act 2003 s.402CEquality Act 2010 s.21Equality Act 2010 s.15

Case details

Case number
8001652/2024
Decision date
15 December 2025
Hearing type
reconsideration
Hearing days
—
Classification
procedural

Respondent

Name
Tillicoultry Quarries Limited
Sector
construction
Represented
Yes
Rep type
solicitor

Claimant representation

Represented
Yes
Rep type
lay rep
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