Claimant v Circle Health Group Limited
Outcome
Individual claims
The tribunal found the Respondent treated the Claimant unfavourably because of something arising in consequence of her disability, which resulted in her dismissal. This constituted unlawful discrimination under s.15 of the Equality Act 2010.
The tribunal concluded that the Respondent failed to make reasonable adjustments for the Claimant's disability, putting her at a substantial disadvantage and breaching its duty under s.20 of the Equality Act 2010.
The tribunal found the Claimant was unfairly dismissed. The dismissal was procedurally and/or substantively unfair under s.98 of the Employment Rights Act 1996.
The tribunal was not satisfied that the Claimant was entitled to a redundancy payment and dismissed this complaint.
Facts
Leanne Mifsud was employed by Circle Health Group Limited in the healthcare sector. She had a disability and required reasonable adjustments. Her employment ended on 17 October 2023. The Respondent failed to make reasonable adjustments and treated her unfavourably because of something arising from her disability, resulting in dismissal. She also claimed redundancy pay.
Decision
The tribunal found in favour of the Claimant on three of four claims: unfavourable treatment arising from disability, failure to make reasonable adjustments, and unfair dismissal. The tribunal awarded £54,897.56 in total compensation, including awards for injury to feelings (£15,000) and personal injury (£10,000). The redundancy pay claim was dismissed.
Practical note
Employers in healthcare settings must properly consider reasonable adjustments for disabled employees and ensure that disability-related factors do not lead to unfair treatment or dismissal, or face significant compensation including personal injury awards.
Award breakdown
Vento band: middle
Legal authorities cited
Statutes
Case details
- Case number
- 3200045/2024
- Decision date
- 24 February 2025
- Hearing type
- full merits
- Hearing days
- 4
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No
- Rep type
- lay rep