A recent Employment Tribunal case (W Drysdale-Wood v Shared Lives South West) has resulted in a disability charity being ordered to pay more than £150,000 to a former employee with Crohn’s disease.

The case is a powerful reminder that even well-intentioned employers can face serious consequences if disability issues are not handled properly.

At Bhayani Law, we regularly advise employers on managing long-term health conditions, absence and performance concerns. Cases like this show how quickly things can escalate, and how costly mistakes can become.

What Happened?

The employee had Crohn’s disease, a long-term autoimmune condition that can cause fatigue, pain and unpredictable flare-ups.

The Tribunal found that the employer:

• Failed to make reasonable adjustments
• Treated the employee unfavourably because of something arising from their disability
• Handled the situation in a way that caused significant distress

As a result, compensation exceeded £150,000, including loss of earnings and injury to feelings.

This is a substantial award, particularly in the charity sector, and highlights how seriously Tribunals view disability discrimination.

Why This Matters for Employers

Under the Equality Act 2010, employers have a legal duty to:

• Avoid discriminating against disabled employees
• Make reasonable adjustments where needed
• Ensure employees are not treated unfavourably because of something linked to their disability

Importantly, compensation for discrimination claims is uncapped. There is no maximum limit on what a Tribunal can award.

Even where there is no intention to discriminate, a lack of flexibility, poor communication or rigid policies can result in liability.

What Are Reasonable Adjustments?

Reasonable adjustments will depend on the individual and the role, but may include:

• Flexible start and finish times
• Hybrid or remote working
• Adjusted duties
• Additional rest breaks
• Phased returns after sickness absence
• Adjusting absence trigger points

What matters most is that employers actively engage with the employee, obtain medical evidence where appropriate, and genuinely consider adjustments.

A “one size fits all” approach rarely works.

Where Employers Often Go Wrong

From our experience supporting clients, common risks include:

• Treating disability-related absence like ordinary absence
• Applying standard sickness triggers without adjustment is one of the most common causes of claims.
• Failing to seek medical advice
• Occupational health input can be critical. Assumptions are dangerous.
• Poor documentation
• If it isn’t recorded, it’s very difficult to evidence fairness later.
• Untrained managers
• Line managers often feel uncomfortable discussing health conditions and may avoid necessary conversations, or handle them inconsistently.

As we explored in our blog on rising Tribunal claims, disability discrimination and mental health-related claims are becoming increasingly common.

The Wider Risk

Beyond financial compensation, employers face:

• Reputational damage
• Loss of employee trust
• Increased grievances
• Significant management time
• Legal costs

For charities and values-driven organisations, reputational harm can be especially significant.

Practical Steps Employers Should Take Now

If you have employees with long-term health conditions, ask yourself:

• Do we understand whether the condition may meet the legal definition of disability?
• Have we had an open discussion about adjustments?
• Have we reviewed absence triggers in light of disability-related absence?
• Are our managers trained and confident in handling these conversations?

Being proactive is always cheaper and less stressful than defending a Tribunal claim.

How Bhayani Law Can Help

At Bhayani Law, we provide clear, practical employment law advice without unnecessary legal jargon.

We support employers with:

• Assessing whether a condition is likely to amount to a disability
• Advising on reasonable adjustments
• Reviewing sickness absence and capability processes
• Delivering manager training on handling health issues sensitively and lawfully
• Defending or resolving Employment Tribunal claims

Through our Watertight HR & Legal Retainer, you receive ongoing expert support, template documents and strategic advice, helping you manage risk before it becomes a legal problem.

If you are unsure whether your current approach to disability or absence management is legally safe, now is the time to review it.

Contact us today on 0333 888 1360 or email [email protected].

Getting this right is not just about compliance. It is about creating a fair, supportive workplace while protecting your organisation from avoidable and costly claims.