Alexander Jones, of Atlantic Chambers, secured victory recently having represented a Claimant in a multi-day employment tribunal claim. The Claimant, a 19 year old hairdressing apprentice who suffers from life-long diabetes, was dismissed from her employment during the Covid-19 pandemic. Given the clear chronology of matters, the Claimant believed (and her legal team agreed) that her dismissal was brought about solely due to her requirement to shield, having been declared clinically vulnerable. Having informed her employer of her need to shield she received no further contact from them, save for a dismissal letter bringing her contract and dream of being a hairdresser to a premature end.

In pleadings and before the Tribunal, the Respondent sought to establish that in fact the Claimant’s dismissal was due to her under performance, attitude and inability to perform the role to the standard required. The Respondent engaged in ‘mud slinging’ and ‘character assassination’ of the Claimant in an effort to undermine her complaints. However, during cross examination by Alex the Respondent’s witness accepted that no issues had ever been raised with the Claimant prior to her dismissal and, crucially, that a factor in the decision to dismiss the Claimant was the Claimant’s requirement to shield.

In light of Pnaiser v NHS England [2016] IRLR 170 Alex submitted, on behalf of the Claimant, that liability must be established.

Following a multi-day hearing the Tribunal panel found the Claimant’s complaints under section 15 and 20 of the Equality Act 2010 to be well founded. The Tribunal held that not only had the Respondent failed to make reasonable adjustments but had also dismissed the Claimant solely due to her requirement to shield. The Tribunal preferred the Claimant’s evidence on all disputed issues. The Tribunal expressed their disappointment in the Respondent’s attempts to slur the Claimant’s competency, and found such matters to be without foundation.

The Tribunal awarded the Claimant damages in excess of £18,000, including an ACAS uplift and an award for aggravated damages to reflect the manner in which the Respondent had sought to defend the claim. Alex acted under the instruction of the Employment team at Morecroft solicitors on a CFA basis.

Alex undertakes employment work for both Claimant and Respondent, and is willing to accept cases on a Conditional Fee Agreement where the merits allow. Alex is a member of the Attorney General’s Panel. If you wish to discuss any matter with Alex, his clerks can be contacted on 0151 236 4421.