Tuesday, February 28, 2006

Disabled lecturer wins discrimination case - Personal Injury and Compensation Claims - Andersons Solicitors Nottingham

A disabled lecturer who suffered a voice breakdown and found it difficult to teach large groups of students has succeeded in his claim for unfair dismissal.

The lecturer told his college about his voice breakdown but no action was taken. He then went on sick leave. When he returned, the college said it was restructuring the department. The lecturer applied for a newly created post of co-ordinator but was turned down. He was then offered the chance to apply for redundancy or retirement on the grounds of ill-health.

Instead, he resigned claiming discrimination and constructive dismissal. The tribunal upheld his claim agreeing that he was given less favourable treatment because of his disability.

The college had not made a reasonable adjustment to cater for the lecturer’s needs as it was obliged to do so under the Disability Discrimination Act 1995.
The college appealed against the ruling but failed to get it reversed.

The case illustrates the level of protection now given to the disabled. At the start of the year this protection was extended to many more people who were newly classified as disabled under new legislation.

Anyone who feels they have been discriminated against in any way can contact us to discuss the best way to pursue their case.

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