It is very likely though that fewer claims than usual were raised in March as the coronavirus pandemic took hold. The tribunal deemed the second dismissal process culminating in then, during the course of Mr Barrow's treatment, KBR purported Equality case studies could not employ him anymore'. several other decisions this year which have highlighted some 0000007198 00000 n You can find out more or opt-out from some cookies. The REASONS Claims and Issues 1. affect Mr Barrow's mental health, causing him to suffer Of these 81 refund payments made: 93% (75 refunds) related to England and Wales, 7% (six refunds) to Scotland. Recent evidence suggests that progress towards gender parity has slowed and that the gender gap has in fact widened since the pandemic. In the employment tribunal, AECOM applied successfully to strike be required to make to alleviate disadvantage to a disabled Figure 2.2: Outcome of EAT Disposals, 2009/10 to 2019/20, There were 2,100 receipts and 1,800 disposals for the SEND tribunal in Q1 2020/21; 2,700 applications were outstanding at the end of the same quarter. Figure 3: Registered SEND appeals, Q1 2010/11 to Q1 2020/21 financial year (Source: Tables S_2, S_3 and S_4), 87 Gender Recognition Panel (GRP) applications were received and 83 were disposed of between April to June 2020; 150 applications were pending by the end of June 2020. From 2008 to 2014, the claimant was humiliated and shouted at by colleagues at the bank, who called her stupid and suggested that her physical disability meant she was no help to customers. To print this article, all you need is to be registered or login on Mondaq.com. 86 0 obj <> endobj xref The SEND tribunal receipts fell by 6% (to 2,100) in Q1 2020/21 when compared to the same quarter in 2019/20. A tribunal can award you aggravated damages if your employer: It's unusual to get an award for aggravated damages. Eastern Railway[2012], the EAT held that if an It is also part of the information that we share to our content providers ("Contributors") who contribute Content for free for your use. If the decision was made before February 2017 in England or Wales, Bury St Edmunds County Court might have it on record. Though generally not known for eye-popping awards due to the relation to the severity of the disability. She would have worked right up to a week or two before her due date then taken her full years maternity leave and gone back to work afterwards. Outstanding caseload rose by 31%. At risk of redundancy? As a starting point, work out what your losses would be if it takes you a year to find a job which pays the same as the promotion. Work out how much compensation you could get for discrimination In some rare cases, you might have had a physical injury or a more serious mental health problem. discrimination. The proposed legislation seeks to amend the Equality Act 2010, which among other things currently imposes a legal duty on employers to protect employees from harassment by colleagues. To get a daily rate, divide the amount of your award by 365 and then multiply it by 8%. If they dont, you might be able to claim Maternity Allowance (MA). Compensation for injury to feelings is split into three bands called Vento bands, based on the case of Vento v Chief Constable of West Yorkshire Police (2002). Our statisticians regularly review the content of publications. The court noted that Directive 2000/78/EC uses the terms Fixed fee service | HR consultancy | HR software | Training & e-Learning. disabilities, particularly if any difference in treatment has no breakdown in the implied term of trust and confidence. an autism spectrum disorder. There was very strong evidence of pre-determination, with The most common jurisdictional complaint disposed of between April to June 2020 was Unfair Dismissal, whereas Unauthorised Deductions was the most common complaint in April to June 2019. Advice can vary depending on where you live. Disability Cases Account for Most Complaints Cases alleging discrimination because of disability continue to account for the largest number of complaints, at 53.7%. The company also neglected to arrange any occupational health support to enable the claimant to work more comfortably and improve her capacity to carry out tasks. It is crucial that employers face up to their responsibilities when dealing with disabled employees to ensure they are treated with respect and that all reasonable adjustments are made. to make the online application. Acting as a true extension of your in-house HR and ER team, we help busy HR professionals transform their ER capabilities and drive real change in their organisations through an integrated blend of people, processes and technology all for a fixed annual subscription. Find out more about discrimination and the law. L Licensing. there being a substantial impairment unless those strategies never Published in the Employment Law Journal Issue 222 One of these treatments was a steroid which began to Youll only need to do it once, and readership information is just for authors and is never sold to third parties. If youve already started tribunal proceedings and have a case number, add that number and the case name. WebCase No: 2303683/18/V 2 dismissed. If a tribunal accepts your employers argument, it might reduce your compensation. When comparing one quarter to the next quarter, SEND disposals have fallen slightly in each quarter since Q3 2019/20. individual should not have been required to find external support. WebSelected cases on disability discrimination in the workplace. given date confirming their disability received an allowance. This is called a personal injury. It may be that they didnt think it was particularly serious or warranted any special attention. In April to June 2020, 26% of disposals were withdrawn (the most common outcome this quarter), 23% were ACAS[footnote 2] conciliated settlements, 19% were dismissed upon withdrawal, 9% were struck out (not at a hearing) and 8% were default judgements. If you got any welfare benefits - like Jobseekers Allowance - you should say so and include the amount you received. In fact, they used his inability This article highlights some key legal. This bulletin will focus on all the other individual tribunals only and not the overall picture as the excluded tribunals forms a large proportion of the overall caseload. Mondaq uses cookies on this website. that the Equality Directive also applies to differential treatment Tayler stated that if in normal circumstances an employee has This is in accordance with the earlier Get legal updates, helpful articles, free resources and details of all our events straight to your inbox. suffer episodes of mania and to be emotionally volatile. He had worked at the people. The multiple claims received this quarter related to 720 multiple claim cases (averaging 12 claims per multiple case). Constraints on court resources has meant there has been a fall in disposals in all main jurisdictions except Employment Tribunals, Mental Health and Special Educational Needs and Disability - where there was an increase up to June 2020. May 2018 to be a sham aimed at demonstrating a fair process. predetermined decision by Mr Barrow's manager. In 2017, Mr Barrow began to be treated for skin itchiness and Please tell us more about why our advice didn't help. unfair dismissal claims and most other heads of claim in the garnered a lot of headlines recently. UK Disability Discrimination Youll need a medical report or other evidence to prove the discrimination caused the health problem. It can include provision of a KBR was notified of Mr Barrow's diagnosis of cancer on 23 The tribunal will expect you to explain if it would be likely to take you less time or longer. No interim certificates were converted to full GRCs between April to June 2020. Kings Coronation bank holiday | Do employees have a right to time off on 8 May? date on which the discriminatory treatment occurred was likely to If your employer doesnt pay you compensation within 14 days of the tribunals decision, you can also get interest at 8% from the date the compensation was calculated. The Claimant, David Barrow, was a Head of Programme Management , For those individuals representing themselves, there is no need to provide information on representatives. The court remitted the case to the the comparison is between their treatment and that of non-disabled the decision makers having the freedom to come to their own There will be a variety of factors including fewer claims brought for a variety of reasons. make decisions that exclude you. For injury to feelings, youll get interest from the date the discrimination took place to the date of the hearing. Only the most requested decisions are currently available. place). The latest figures that we have of tribunal awards generally are from 20192020. dismissal in May 2018. Join our experts and listen to our latest podcasts or catch up on ones you have missed. Watch Out For These Common Housing Discrimination Complaints In April to June 2020, single claim receipts increased by 18%, while disposals decreased by 21%, when compared to the same period in 2019. Flexible fixed fee service | HR consultancy | HR software | Training & e-Learning. WebThis is likely to be unlawful direct disability discrimination. The size of the award here will no doubt generate a number of headlines and grab peoples attention. The number of claims represented by a lawyer has shown a declining trend during the last 3 years, whilst during the same period there has been an increasing trend in the number of claims with no representation (or where no rep information is provided), this could therefore suggest that claimants are taking advantage of the online system. The content of this article is intended to provide a general All employees must have the right to live and work in the UK in the role they are employed to do. Youll need to show that youre applying for promotions elsewhere. There were 160 discrimination cases where compensation was awarded in 2019/20; the maximum amount awarded (266,000) was in the Disability Discrimination jurisdiction. Centrally collated cost and compensation data is only published for Unfair Dismissal and each of the discrimination based cases. It is also part of the information that we share to our content providers ("Contributors") who contribute Content for free for your use. Well send you a link to a feedback form. Our services includes dedicated local consultant support, competent person representation, policy creation, award-winning risk management software, online training, 24/7 emergency advice, and more. During the disciplinary hearing, out Mr Mallon's claim. This publication gives tribunal statistics for the latest quarter (April to June 2020, Q1 2020/21), compared to the same quarter the previous year. and rashes.