Employer Liable for Age and Disability Discrimination and Unfair Dismissal (EAT)

James Williams

In Ms K Hargreaves v I Ambrose and others: 2407961/2022, the Employment Tribunal (ET) held that:

  • The Claimant was subjected to age and disability discrimination by the Respondent.
  • The dismissal of the Claimant was unfair and not in accordance with proper procedures.

The Claimant, Ms K Hargreaves, was employed by the Respondent and had a diagnosed disability that affected her day-to-day activities. She also experienced age-related comments and treatment that contributed to a hostile work environment. The Respondent failed to make reasonable adjustments to accommodate her disability, leading to increased stress and health issues for the Claimant.

The Claimant was unfairly dismissed after the Respondent did not conduct a fair investigation or provide necessary support. The tribunal noted that the Respondent did not follow proper procedures, nor did they offer reasonable adjustments for the Claimant’s disability.

The ET found clear evidence of age and disability discrimination. Comments and actions by the Respondent created an environment that was not supportive or inclusive. The Claimant’s dismissal was deemed unfair due to the employer’s failure to follow proper procedures and provide adequate support.

The ET concluded that the Respondent had failed in their duty to make reasonable adjustments and to handle the Claimant’s complaints properly. This case highlights the importance for employers to adhere to employment laws regarding discrimination and dismissal procedures.

The EAT upheld the ET’s decision, reinforcing the need for employers to provide a fair and supportive work environment, particularly for employees with disabilities.

Ms K Hargreaves v I Ambrose and others: 2407961/2022 – Preliminary

James Williams – Solicitor

James Williams

I am a qualified Employment Law and HR Solicitor. I specialise in acting for schools and advise on all aspects of employment law and HR including attending employee meetings, advising senior leaders, conducting redundancy consultations, drafting contracts of employment, advising on policies and procedures and negotiating settlement agreements.