Disability Discrimination & Unfair Dismissal- Henry’s Case

The Situation Henry (name changed for confidentiality) worked for a well-known supermarket chain for over ten years. He had an excellent record, was highly thought of by his colleagues, and had always been a reliable employee.

Sadly, Henry was diagnosed with cancer, which meant he needed to carefully manage his energy and avoid working late shifts. His doctors supported his request to maintain regular daytime hours an adjustment that would have allowed him to continue in his role whilst undergoing treatment.

Instead of supporting Henry, the company pressed ahead with contractual changes that required him to work evenings. Despite Henry raising concerns on several occasions, his requests were dismissed, no meaningful alternatives were explored, and Occupational Health was not involved. Ultimately, Henry was dismissed without any proper process, consultation, or warning.

This was devastating. Not only did he lose his job during the most difficult period of his life, but the employer he had given a decade of service to had failed to treat him with dignity, compassion or fairness.

Why Henry Needed Our Help Henry knew his dismissal was wrong but did not know where to turn. Henry suspected it was discriminatory and unfair, but the company insisted it had followed procedure. Taking on such a large employer felt daunting, and without proper legal advice, Henry risked accepting a minimal settlement or walking away with nothing.

How We Helped When Henry came to us, we took the time to listen to his concerns and reviewed the detail of his case. We identified several failings by the company, including:

· Failure to consult properly and meaningfully.

· Failure to consider or make reasonable adjustments for his health condition.

· A sham dismissal process, designed to justify a decision already made.

We advised Henry on his rights under the Equality Act 2010 and employment law. We filed claims for unfair dismissal and disability discrimination in the Employment Tribunal, represented him at a Preliminary Hearing, and engaged in robust negotiations with his employer’s solicitors.

The Outcome Our support enabled Henry to secure a settlement of £40,000, with the first £30,000 paid tax-free. The package also included his legal fees (£2,000 + VAT).

This outcome was significantly better than what the employer had initially indicated and provided Henry with financial security while he focused on his health.

Why This Matters This case demonstrates why it is vital to seek specialist advice when facing workplace discrimination or dismissal. Employers have a duty to make reasonable adjustments for disabled employees and to follow fair processes but as Henry’s case shows, they do not always get this right.

Without legal representation, Henry may have been left with very little.

With our help, he achieved justice and financial stability, ensuring his rights were protected and his voice was heard.