Claimant v Belgarum Property Management Limited
Outcome
Individual claims
The tribunal found that the complaint of direct disability discrimination was not well-founded. The claimant did not establish that she was treated less favourably than a comparator without her disability would have been treated in similar circumstances.
The tribunal found the complaint of unfavourable treatment because of something arising in consequence of disability was well-founded. The respondent subjected the claimant to unfavourable treatment linked to her disability, resulting in loss of sick pay in 2018 and 2019, and pension-related losses.
Facts
The claimant brought claims of direct disability discrimination and discrimination arising from disability against her employer, a property management company. The claims related to treatment she received in 2018 and 2019, including loss of sick pay, and later pension-related losses in 2021. The claimant represented herself at a three-day hearing, while the respondent was represented by Peninsula Business Services.
Decision
The tribunal dismissed the direct disability discrimination claim but upheld the claim for unfavourable treatment arising from disability under s.15 Equality Act 2010. The tribunal awarded £39,495.11 comprising past financial losses (including lost sick pay and pension losses), injury to feelings of £20,000 in the middle Vento band, and substantial interest calculated over several years.
Practical note
Employers must be careful to distinguish between direct disability discrimination and discrimination arising from disability, as the latter requires establishing unfavourable treatment because of something arising in consequence of the disability, without the need for a comparator.
Award breakdown
Vento band: middle
Legal authorities cited
Statutes
Case details
- Case number
- 1406173/2023
- Decision date
- 2 June 2025
- Hearing type
- full merits
- Hearing days
- 3
- Classification
- contested
Respondent
- Sector
- professional services
- Represented
- Yes
- Rep type
- lay rep
Claimant representation
- Represented
- No