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Client settles discrimination at work case

Posted on: 14 September 2015

We were instructed to act on behalf of a school teacher in relation to a claim for race discrimination, disability discrimination and victimisation.

 

The Claimant had been working as acting head of department for a number of years. When the posts of assistant head and head of department were advertised, the Claimant applied for the posts believing that he had a good chance at one of the positions having acted in the role for some time. The Claimant failed in his applications.

 

The Claimant claimed that the reason he did not get either post was due to race discrimination on the part of the head teacher and the school.

 

The Claimant entered a grievance at work and commenced a claim for race discrimination. The Claimant claimed that as a result of that grievance and his claim he became the victim of bullying at work.

 

The Claimant eventually went off work with stress. The Claimant also suffered from a pre-existing stammer. The Claimant previously managed his stammer very well. The Claimant claimed that his stammer became much worse due to stress caused by the victimisation and he started to receive treatment for it. Upon his return to work, the Claimant asked for adjustments to be made to help him manage his stammer. His requests were ignored. The Claimant’s stammer is classed as a disability under the Disability Discrimination Act and as such his employers were under a duty to make reasonable adjustments to help him manage his disability. Despite occupational health recommendations his employers still failed to make reasonable adjustments.

 

The Claimant launched 2 further claims against his employer for victimisation (less favourable treatment as a result of a complaint) and disability discrimination.

 

The case was defended and took nearly 3 years to get to a 13 day trial at the employment tribunal. There had been offers in the meantime but agreement could not be reached as the school wanted the Claimant to leave his employment with them.

 

3 days into the trial, the case settled for over £100,000 together with an open apology in court from the school and a reference for the Claimant.

 

For any employment law query, please contact our head of Employment Law, Alexa Gorse on 0161 797 6720 or agorse@silverdalelaw.co.uk

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