A disabled member of PCS working in the Department for Work and Pensions, dismissed for non-disability related absences, has been awarded £110,165.14, plus 36 months pension contributions, after she won her claim of unfair dismissal and discrimination.
The member was dismissed on 5 March 2016 after working for the DWP for nearly 4 years. An employment tribunal found that her managers had breached the duty to make reasonable adjustments for her mental and physical health needs. It also found that she was treated unfavourably “because of something arising in consequence of” her disability, without justification.
An employment tribunal found that the loss of her job and before that her treatment by her managers had had a deep and profound effect on her.
After the liability judgment in March 2017, she was offered reinstatement by the DWP but with the caveat that she would have to go through an occupational health assessment. She declined the offer and decided she did not want to return to her previous workplace. Although she was very happy there with her colleagues she felt that she would not be able to trust management in the future.
In a reserved judgment last week an employment judge ordered the department to compensate our member for ‘non pecuniary loss’ and the ‘anger, distress and upset caused by the unlawful treatment she has received.’ The award also includes compensation for her loss of earnings, injury to feelings which includes an element of personal injury compensation for psychiatric damage, interest and pension loss.
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