Claimant v Shared Lives South West
Outcome
Individual claims
The tribunal found at the liability hearing on 24-25 February 2025 that the claimant's dismissal was unfair. The respondent failed to follow a fair procedure and the dismissal was too soon to demonstrate lack of capability.
The tribunal found discrimination arising from disability in relation to the claimant's dismissal. The claimant was disabled by reason of Crohn's disease and Long Covid (from February 2023). The dismissal was discriminatory.
The claim succeeded in part by reference to discounting sickness absence and reduced workload but in other respects was not successful. The tribunal found the respondent should have made reasonable adjustments regarding workload (units of support) and absence management.
Facts
The claimant was a care coordinator for a disability charity dismissed in September 2023. He suffered from Crohn's disease and Long Covid (from February 2023). At the point of dismissal he was improving in health and on a positive trajectory. Following dismissal his health deteriorated significantly, he spent most of 20 months in bed, his wife provided substantial care (leading to her redundancy), and he claimed Universal Credit and Employment Support Allowance, being assessed as having limited capability for work.
Decision
The tribunal awarded £152,745.41 including grossing up and interest. The tribunal found the claimant succeeded in unfair dismissal and disability discrimination (dismissal) claims, and partly succeeded in failure to make reasonable adjustments. Awards included £25,000 injury to feelings (middle Vento band), past loss of earnings (£53,163 less £32,098 benefits received), £50,000 future loss, and £25,000 carer costs. A 15% Polkey reduction was applied to financial losses reflecting the chance of fair dismissal in any event due to capability concerns and increasing workload pressures, though heavily mitigated by the reasonable adjustments findings.
Practical note
When assessing remedy for discriminatory dismissal in disability cases involving fluctuating conditions, tribunals must carefully distinguish between losses caused by the discrimination and those that would have occurred anyway due to the underlying condition, while being prepared to make reasonable assessments of future loss despite limited medical evidence on causation and prognosis.
Award breakdown
Vento band: middle
Award equivalent: 300.9 weeks' gross pay
Adjustments
Tribunal concluded there was a prospect that the respondent would have fairly dismissed the claimant in any event due to capability/ill health and increasing workload pressures, but this was heavily mitigated by the fact that workload and absence were matters of successful reasonable adjustments claims. Reduction applied to financial losses only, not injury to feelings or basic award.
Legal authorities cited
Statutes
Case details
- Case number
- 1406308/2023
- Decision date
- 27 March 2025
- Hearing type
- remedy
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Care Coordinator
- Salary band
- £25,000–£30,000
Claimant representation
- Represented
- Yes
- Rep type
- barrister