Cases3201441/2022

Claimant v Sanctuary Maintenance Contractors Limited

1 July 2025Before Tribunal Judge OvertonEast Londonin person

Outcome

Claimant succeeds£19,833

Individual claims

Failure to Make Reasonable Adjustments(disability)succeeded

The Respondent failed to make reasonable adjustments by not providing an adjusted van with a bulkhead between September 2019 and July 2020, which was found to be a breach of duty under the Equality Act 2010.

Failure to Make Reasonable Adjustments(disability)succeeded

The Respondent failed to make reasonable adjustments by taking the claimant off his adjusted rota from August 2021, which constituted disability discrimination. The tribunal awarded compensation reflecting the injury to feelings caused by this breach.

Facts

The claimant, Mr Sach, was a disabled employee who required workplace adjustments. Between September 2019 and July 2020, the respondent failed to provide him with an adjusted van with a bulkhead. Additionally, from August 2021, the respondent removed the claimant from his adjusted rota. The tribunal had previously found these failures constituted unlawful disability discrimination through failure to make reasonable adjustments.

Decision

This was a remedy hearing following earlier liability findings. The tribunal awarded £15,000 in injury to feelings across the two discrimination findings (£5,000 for the van bulkhead issue and £10,000 for the rota removal), plus interest of £4,832.88, totaling £19,832.88.

Practical note

Failure to maintain reasonable adjustments already in place can result in substantial injury to feelings awards, with the more recent breach attracting a higher award reflecting the ongoing nature of the discrimination.

Award breakdown

Injury to feelings£15,000
Interest£4,833

Vento band: middle

Legal authorities cited

Statutes

Equality Act 2010

Case details

Case number
3201441/2022
Decision date
1 July 2025
Hearing type
remedy
Hearing days
1
Classification
contested

Respondent

Sector
construction
Represented
Yes
Rep type
barrister

Claimant representation

Represented
No