Claimant v WKCIC Group
Outcome
Individual claims
The tribunal found that the respondent dismissed the claimant, which was discrimination arising from disability. The dismissal was unfavourably treatment because of something arising in consequence of the claimant's disability and was not a proportionate means of achieving a legitimate aim.
The tribunal found that dismissing the claimant without warning or process constituted discrimination arising from disability. This was unfavourable treatment connected to the claimant's disability and not justified.
The remaining complaints of discrimination arising from disability were not made out on the evidence. The tribunal was not satisfied that the other alleged acts constituted unfavourable treatment arising from disability or that they could not be justified.
The tribunal found that the respondent had not applied a provision, criterion or practice that put disabled persons at a particular disadvantage, or that the claimant could not establish the necessary elements of indirect discrimination.
The tribunal was not satisfied that the respondent had knowledge of the claimant's disability and failed to make reasonable adjustments, or that any specific adjustments were required that were not made.
The claimant could not establish that they had done a protected act or that any detriment was because of doing a protected act. The tribunal dismissed this claim.
The tribunal found the dismissal was unfair as the respondent failed to follow any proper process, gave no warning, and did not have a fair reason for dismissal. The dismissal was procedurally and substantively unfair.
Withdrawn by claimant
Facts
The claimant, represented by her personal representative following her death, was employed by WKCIC Group. She was dismissed without warning or proper process. The claimant had a disability. A TUPE transfer was also involved in the background to the case. The claimant brought multiple claims including disability discrimination, unfair dismissal, and failure to inform and consult under TUPE.
Decision
The tribunal found that the dismissal itself and the manner of dismissal (without warning or process) constituted discrimination arising from disability under s.15 Equality Act 2010. The dismissal was also unfair under s.98 ERA 1996. The respondent failed to follow proper disciplinary procedures. Other claims for indirect discrimination, failure to make reasonable adjustments, and victimisation failed. A 10% ACAS uplift was applied.
Practical note
Dismissing a disabled employee without any process or warning can constitute both unfair dismissal and discrimination arising from disability, especially where the employer fails to justify the treatment as proportionate.
Award breakdown
Vento band: lower
Adjustments
Respondent failed to follow ACAS Code on disciplinary procedures
Legal authorities cited
Statutes
Case details
- Case number
- 3302807/2020
- Decision date
- 22 January 2025
- Hearing type
- full merits
- Hearing days
- 3
- Classification
- contested
Respondent
- Name
- WKCIC Group
- Sector
- other
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No