A worker who was denied a chance at promotion because his disability wins five-figure sum

An employee with 20 years of tax office experience was qualified to apply for internal promotion was told he could not apply as he required a driving licence.  Due to his condition, the employee was not able to drive but asked to be considered for the role regardless because of his experience in the job. He was informed that he could not apply for the job but that he was not being unfairly treated because of his disability because he could always be considered for a different role which did not require a driving license.

An employment tribunal has now ruled that the employee should not have been ruled out of the application process because of his inability to drive. The judge said: “It was not proportionate to simply decline the claimant’s application because he did not have a driving licence. If the claimant had been employed in the role, as well as the six who were offered the position, the respondent would have been in the same position in relation to the number of Higher Officer caseworkers who could drive. Denying the claimant, the opportunity to be considered for the role was not proportionate in these circumstances.”

The employee was awarded more than £20,000 in compensation.

All employees have protection from unfair dismissal for reasons attached to a ‘protected disability’ and employees should not be directly or indirectly discriminated as a result of a disability.

If you have any concerns about this subject contact us at enquiries@121hrsolutions.co.ukand we can discuss.

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