Unite victory in case for incapacity benefits
12 November 2008
Unite, the UK’s biggest union, has secured a vital win for
workers with disabilities. A recent Employment Appeal Tribunal
(EAT) judged that dismissed employees can be awarded future loss of
earnings when they are receiving incapacity benefit.
The decision was a result of a claim brought supported by Unite
on behalf of one of its members, Mr Fox, who suffers from a
debilitating skin disorder, who went on to contract Bells Palsy but
was dismissed by his employer, Sheffield Forge Masters, earlier
this year. Sheffield Forge Masters International Ltd has accepted
that it had told Mr Fox his absence was unacceptable in light of
his claimed disability. The victory has seen Mr Fox awarded £40,000
in damages.
The Employment Tribunal held that Mr Fox’s employer had
discriminated against him on grounds of his disability and failed
to make reasonable adjustments for him. The Tribunal also made
clear that the company failed to follow its own absence procedure
including its procedure on disability related absences during the
dismissal proceedings.
His employer appealed to the Employment Appeal Tribunal stating
that as Mr Fox had claimed incapacity benefit after his dismissal
he must have been ‘incapable of working’ and that he should not
have been awarded compensation for future loss of earnings.
However, this argument was not upheld by the EAT.
Unite, who pursued the case through its solicitors Rowley
Ashworth, won the case and the tribunal awarded Mr Fox over
£40,000.
The decision of the EAT is legally binding so that any future
tribunal considering a case on the same issues again would have to
follow the precedent set in this case.
Siobhan Endean, Unite Head of Equalities, said: "This decision
should make it easier for dismissed and disabled employees who are
fit to work but claiming incapacity benefit to win compensation
when they are unfairly dismissed and discriminated against by their
employer.
"This is a great victory both for Mr Fox and Unite and our
victory has meant that this will set a precedent for similar cases
in the future."
ENDS
For further information call Mark Di-Toro on 07918 640 579 or
020 7420 8938.
