Claimant v DHL International (UK) Limited
Outcome
Individual claims
The tribunal found the dismissal unfair under section 98 of the Employment Rights Act 1996. The respondent failed to properly consider whether there was an alternative role which the claimant could do before proceeding with dismissal.
The claim succeeded under section 15 of the Equality Act 2010 (discrimination arising from disability). The tribunal found the respondent could reasonably have been expected to know the claimant had a disability at the time of dismissal, and dismissing without properly considering alternative roles was not a proportionate means of achieving a legitimate aim.
The complaint of protected disclosure (whistleblowing) detriment failed because the tribunal found that the claimant did not make protected disclosures within the meaning of the whistleblowing provisions.
Facts
Mr Trela, a Polish-speaking employee of DHL International (UK) Limited, was dismissed from his employment. He brought claims for unfair dismissal, discrimination arising from disability, and whistleblowing detriment. The claimant represented himself at the tribunal with the assistance of a Polish interpreter. The case was heard over three days before a full panel.
Decision
The tribunal found in favour of the claimant on his unfair dismissal and disability discrimination claims, ruling that DHL failed to properly consider alternative roles before dismissing him and that this was not a proportionate response given his disability. However, the whistleblowing claim failed as the tribunal found no protected disclosures were made.
Practical note
Employers must actively consider alternative employment for disabled employees before dismissal, and a failure to do so can constitute both unfair dismissal and unlawful discrimination arising from disability.
Legal authorities cited
Statutes
Case details
- Case number
- 3304222/2023
- Decision date
- 27 October 2025
- Hearing type
- full merits
- Hearing days
- 3
- Classification
- contested
Respondent
- Sector
- logistics
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No