Employer settles disability and age discrimination claim for £100,000!

A construction site manager lost his job after he suffered two strokes has settled his disability and age discrimination case without admission of liability for £100,000.

The employee was a site manager for more than seven years and suffered two strokes that affected his speech and movement. After a short period of sick leave, he returned to work on a phased basis.

At the same time, a new, younger site manager was employed, and the employee was told that his employment would be coming to an end. He alleged that he was told that the new site manager would manage housing construction across three sites.

The employee was later offered a consultancy role whuich was to commence after his employment ended, but he said it came with no guarantee of hours or duration. He turned down the offer, and his employment ended that September. He raised a claim at the employment tribunal for age and disability discrimination, and the employer is reported to have settled the case for £100,000.

Employers should not simply make assumptions about their employees’ workplace capabilities. Instead, they must communicate clearly with employees to fully understand their needs. Legislative guidance states that reasonable adjustments are required to be considered and implemented where appropriate and following discussions with the employee. It is vital that all parties are fully aware of these obligations.

121 HR Solutions are well placed to manage difficult situations relating to capability for absences, contact one of our CIPD qualified Consultants today to discuss on 0800 9995 121.

Employer settles disability and age discrimination claim for £100,000!

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