See below for a roundup of some of the priciest tribunal awards employers were ordered to pay in 2015. All of the cases awarded six-figure sums in compensation despite tribunal fees reducing the number of cases and awards usually only being in four-figure sums. Evidently ensuring correct procedures and practices are followed is very important for all employers to avoid potential claims like these. The total compensation of these awards listed amounts to £2.5million! Now that is pricey!
The first case Tirkey v Chandok and another is where the claimant brought a claim of discrimination based on caste, and was awarded £266,537 for unlawful deduction of wages and race discrimination. Discrimination based on caste centres around the principle that individuals come from various different social groups (castes) which are hereditary and determined at birth. The caste systems originate from various countries including India, Pakistan, Nepal, Sri Lanka and even parts of Japan. The discrimination based on caste centres on the belief that people who originate from some castes are considered better than others who originate from a different caste. Visit the Dailt Solidarity Network for more information on discrimination based on caste and origin of the caste system generally
The second case Gilmore and others v Vodafone Ltd is where five claimants who were salespeople for Vodafone and were dismissed for questioning how their commission worked were awarded £264,349.
Employer’s failure to support during sickness absence
In the third case Turner v DHL Services Ltd and another the claimant was awarded £257,127 when it was determined that mismanagement of sickness absence could be regarded as disability discrimination. The employer in this case did not support the claimant adequately when the claimant went on sick leave due to work-related stress.
In J v H Ltd the employer was ordered to pay the claimant who was mother to a disabled child, because of the way her redundancy was handled. The claimant was awarded £251,460.
In Sardari and another v South Devon Healthcare NHS Foundation Trust and another the tribunal found that a senior NHS manager who had been treated to detriment because she blew the whistle on an alleged biased recruitment process was awarded £228,778.
In Nishioka v C&S Shops Ltd a financial officer was awarded £184,741 by the tribunal after it was found he had been dismissed for disclosing an accounting concern. For more information on this type of dismissal, visit our whistleblowing page
Non payment wages and constructive dismissal
In Asare-Brown v Mortgage 27 Ltd an employer had to pay £130,702 after it admitted that it had virtually constructively dismissed an employee by non-payment of wages.
In Marcelin v Hewlett Packard Ltd it was held that dismissal of the claimant because he suffered from acute anxiety and had refused to consent to the release of his medical report was disability discrimination. The claimant had been disciplined for not consenting to release his medical report among other things. The claimant was awarded £239,913.
In A v S an employee with ME (chronic fatigue) syndrome was awarded £192,656 because she was able to show that the way a move into a new role and her absences as a result of the condition were handled was discriminatory.
In another disability discrimination case of O’Sullivan v London Underground Ltd, the estate of the claimant was awarded £223,869 for disability discrimination that the deceased claimant was subject to by his employer.
In Waddingham v NHS Business Services Authority the tribunal held that the NHS trust should award £115,065 to an employee it had treated discriminately based on disability. The employee was undergoing cancer treatment and the requirement to undergo a competitive interview process during redeployment was held to be discriminatory.
Bhayani HR & Employment Law are specialist employment solicitors and HR advisors based in Sheffield and can be contacted on email@example.com or by calling 0114 303 2300.