Outcome
Individual claims
Respondent conceded liability for removing the claimant from the S&I Manager position on 21 June 2017 and refusing to return him to that position by a decision in about February 2019 communicated on 7 March 2019. This was direct discrimination on grounds of disability.
Respondent conceded liability for discrimination arising from disability (section 15 Equality Act 2010) for the same acts: removal from post in June 2017 and refusal to reinstate in February 2019.
Respondent conceded liability for indirect disability discrimination arising from the practice of disciplinary and grievance matters taking a long time to conclude, specifically the disciplinary proceedings between June 2017 and March 2019, which caused the claimant anxiety and adverse impact on his ability to concentrate.
Facts
The claimant, a Band 8A S&I Manager in the NHS, was removed from his substantive role in June 2017 and not reinstated despite requests, culminating in a refusal communicated in March 2019. He had a pre-existing generalised anxiety disorder which was significantly exacerbated by these events and the prolonged disciplinary proceedings (21 months). The respondent conceded liability in June 2023 for direct disability discrimination, discrimination arising from disability, and indirect disability discrimination. The claimant suffered serious psychiatric injury (PTSD, severe anxiety and depression) and was unable to work for prolonged periods. His mental health deteriorated further in April 2024 due to his reaction to a tribunal case management decision, which was an intervening cause for which the respondent was not liable.
Decision
The tribunal awarded £35,802.91 in compensation for disability discrimination after crediting £11,150.95 already paid. This comprised: £15,866.56 for personal injury (£20,000 reduced by 32% Chaggar adjustment for pre-existing vulnerability); £12,742.50 for injury to feelings (Vento lower band, no Chaggar reduction); and £18,344.80 for past loss of earnings (covering periods of sickness absence and lost COVID-19 work, reduced by 32% Chaggar adjustment). The tribunal rejected claims for future loss of earnings, EF's reduced earnings, career progression loss, treatment costs, pension loss, and ACAS uplift. Interest was awarded on all heads. The tribunal found the claimant's continuing ill health from April 2024 onwards was caused by an intervening event (his reaction to a case management decision) not the respondent's discriminatory acts.
Practical note
When assessing remedy for psychiatric injury caused by discrimination where the claimant had a pre-existing mental health condition, tribunals must carefully distinguish between harm caused by the discriminatory acts and harm caused by the underlying condition or subsequent intervening events, applying a Chaggar reduction where appropriate and limiting awards to losses that flow directly from the admitted conduct.
Award breakdown
Vento band: lower
Award equivalent: 37.9 weeks' gross pay
Legal authorities cited
Statutes
Case details
- Case number
- 3321043/2019
- Decision date
- 29 September 2025
- Hearing type
- remedy
- Hearing days
- 4
- Classification
- contested
Respondent
- Name
- CD
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- S&I Manager
- Salary band
- £40,000–£50,000
Claimant representation
- Represented
- Yes
- Rep type
- lay rep