Claimant v Chicken Cabins Ltd
Outcome
Individual claims
The tribunal found that the respondent failed to make reasonable adjustments for the claimant's disability. The respondent was under a duty to make adjustments and failed to do so, placing the claimant at a substantial disadvantage compared to non-disabled persons.
The tribunal found that the claimant was treated unfavourably because of something arising in connection with his disability. The treatment was not a proportionate means of achieving a legitimate aim and therefore constituted discrimination arising from disability under section 15 of the Equality Act 2010.
Facts
Mr Burcica, a disabled employee of Chicken Cabins Ltd, brought claims of disability discrimination. He required the assistance of an interpreter at the hearing. The tribunal heard evidence over two days regarding the respondent's failure to make reasonable adjustments for his disability and unfavourable treatment related to his disability.
Decision
The tribunal unanimously found in favour of the claimant on both disability discrimination claims. The respondent failed to make reasonable adjustments and treated the claimant unfavourably because of something arising from his disability. The tribunal awarded £15,000 for injury to feelings plus £1,200 interest.
Practical note
Employers must proactively consider and implement reasonable adjustments for disabled employees, and avoid treating employees unfavourably because of matters arising from their disability, even where there is no termination of employment.
Award breakdown
Vento band: middle
Legal authorities cited
Statutes
Case details
- Case number
- 1804075/2024
- Decision date
- 13 May 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No