Community’s Service Centre recently supported a female disabled member whilst her employer was seeking to dismiss her on grounds of capability.
Amanda* worked as a manager in a betting shop, and was called to a meeting to discuss her absences from work, and how that could affect her employment. Her employer didn’t consider Amanda’s disability, but Community were in her corner to provide support.
Community’s Service Centre legal advisors understood that if Amanda’s employer didn’t consider her disability when making decisions on the future of her employment, that they could be found to be acting discriminatory under the Equality Act.
The Service Centre team arranged representation after providing a thorough assessment of the case and advisory notes. During the meeting the employer admitted that they had no idea what they should do in the circumstances given that Amanda’s health was failing, she was no longer safe to be working in the shop, and that termination of employment was the only option available to them.
The Community rep at the meeting had a without prejudice conversation following the meeting where they managed to negotiate a £7,000 settlement for the employer to terminate Amanda’s contract fairly.
Following the successful outcome, Amanda said:
“As my medical condition was worsening, I had written off my chances of keeping my job and accepted that I was going to get sacked. I spoke with Community’s Legal Team who reassured me that a dismissal could be discriminatory on grounds of disability and that if this looked like an option the employer was considering, then they would negotiate some compensation for me. I was so surprised when my Community rep came out of the room and told me that I was getting £7,000!! Thank you Community, thank you so much!”
Community’s Member Service Centre has been providing tailored legal advice, support and guidance to our members for over 10 years. If you want us in your corner, you can join Community by clicking here.
*Name changed for anonymity.