Claimant v CDR M&E Services Ltd
Outcome
Individual claims
The tribunal found that Mr Hannah's suggestion on 19 August 2024 that the claimant take additional sick leave, his failure to provide concrete steps or assurances about return to work, the dismissal of the claimant, and taking the work van away from 24 September 2024 all constituted unfavourable treatment because of something arising in consequence of the claimant's disability. One complaint of unfavourable treatment was not upheld.
The tribunal found that the respondent failed to make reasonable adjustments for the claimant's disability. The specific adjustments required are not detailed in this judgment, but the claim succeeded in full.
Facts
The claimant, Mr Auker, brought disability discrimination claims against his employer, CDR M&E Services Ltd. On 19 August 2024, the company director Mr Hannah suggested the claimant take additional sick leave and failed to provide concrete steps about return to work. The claimant was subsequently dismissed and had his work van taken away from 24 September 2024. The tribunal found these actions were related to the claimant's disability.
Decision
The tribunal upheld most of the claimant's complaints of unfavourable treatment arising from disability and his failure to make reasonable adjustments claim. The respondent's conduct in pressuring sick leave, failing to support return to work, dismissing the claimant, and removing his work van were all found to be discriminatory. The claimant was awarded £15,000 for injury to feelings and £3,950.57 for past financial losses, plus interest.
Practical note
Employers must handle disabled employees' absence and return to work with care, providing concrete support and reasonable adjustments rather than pressuring sick leave or dismissing without proper consideration of adjustments.
Award breakdown
Vento band: middle
Legal authorities cited
Statutes
Case details
- Case number
- 6022776/2024
- Decision date
- 29 October 2025
- Hearing type
- full merits
- Hearing days
- 3
- Classification
- contested
Respondent
- Sector
- construction
- Represented
- Yes
- Rep type
- in house
Claimant representation
- Represented
- Yes
- Rep type
- barrister