Could your business be at risk of a disability discrimination claim?

A court case found an employee dismissed for misconduct had been discriminated against by their employer.

City of York Council v Grosset

The Court heard the teacher showed an 18-rated horror film to a class of 15-16 year old students. The teacher said this was an error of judgement due to stress in the workplace. The level of stress had a harmful effect on their health and disability. This led to them showing the film. Despite this, they were dismissed for misconduct.

In the Court of Appeal, the Judge found this was a disproportionate response to the teacher’s behaviour. It was a clear act of unfavourable treatment linked to their disability. As a result, the employee was awarded £180,000 in compensation.

How can your business avoid costly discrimination claims?

This case shows how important it is to investigate the circumstances around misconduct.

Under the Equality Act 2010, if a claimant can show a connection between this kind of treatment and their disability, it may result in a claim. The compensation for disability discrimination claims has no limit; the highest award so far is £302,258. Claims like this could be very damaging to your business.

Jelf’s employment specialists can support you with any misconduct issues. They can help identify and manage any factors that could lead to a claim against your business.