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Employment Law Case Study - Disability Discrimination

15th October 2015

By Employment Law Solicitor Rachel Newman

Client Situation

My client resigned from her employment over discrimination at work. She explained she had been diagnosed with breast cancer two years ago and from that point her employer had discriminated against her and had made some highly derogatory comments.

She had reached the point where she could no longer face the treatment and comments from her employer and felt she had no option but to leave the job.

I reviewed her legal position and confirmed from the evidence available she had been subject to Disability Discrimination at Work. I had to ask many questions of a personal nature and have her expand on the treatment and comments she was subjected to.

Inevitably, my client found the whole situation distressing at an already difficult time. I ensured we had contact on a regular basis so as to build a good relationship with her so she felt able to talk openly with me.

I instigated the ACAS Early Conciliation Notification process to try and settle her claims but unfortunately the employer was unwilling to participate. I proceeded to issue an employment tribunal claim against the employer on my client’s behalf.

My client was due a final operation at the same time so I made sure the process was as stress free as possible with regular email updates and words of reassurance about the legal process.

Once the employer had instructed legal representation they made an offer to settle my client’s claims.

The Outcome

Although the opening offer was not satisfactory I successfully negotiated a higher settlement amount and reimbursement of Employment Tribunal fees.

My client was relieved to have reached a settlement as she found the thought of facing her employer at Tribunal very distressing. I spoke with both her and her husband, with authorisation, to discuss the decision to settle case in detail.

With the higher settlement amount I had negotiated we all agreed the best option for my client was to accept the settlement and bring the matter to a conclusion.

For expert legal advice about disability discrimination at work call our Employment Law Solicitors on 01618558356 or contact us online.

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