As part of a remedy hearing the Tribunal provided a recommendation that there be diversity training undertaken by an independent individual within the respondent within 6 months of the decision.

The claimant was successful at Tribunal in relation to disability discrimination.  A remedy hearing was listed and this was the decision relating to it.  The discrimination was the act of dismissal relating to ‘poor work performance’ but it was related to pain level and lack of sleep as a result of the claimant’s disability with a lack of reasonable adjustments being made.

The Vento bands were applied and it was found that it was a one-off incident (i.e. dismissal) but it was one which caused distress and impact.  As a result, an award of £15,000 was made as being just and equitable in all of the circumstances.  There were also awards made for other aspects including relating to the dismissal.  Perhaps most interestingly, the Tribunal made a recommendation that within 6 months of the judgment the respondent’s senior management team is to engage an independent and appropriately qualified person to provide formal diversity training especially in relation to disability.  This was despite the fact that the claimant was no longer in their employment but demonstrates the extent to which the Tribunal may consider the organisation as a whole and how to ensure that such further incidences are avoided.

This remedy hearing provides a useful view of how the Tribunal may look beyond the monetary compensation and look to trying to improve industrial relations.  This was clear with the recommendation of having diversity training within six months of the judgment.  This is something to consider for employers should they face an issue relating to discrimination and the type of remedy and recommendation that may be given by the Tribunal.

You can read the case in full here.