Double win: Prospect member wins tribunal case for disability discrimination and personal injury claim

16 May 2023

Prospect’s legal team helps a member at the MOD win ‘significant’ compensation after their employer agrees to a settlement.

Prospect member, Dawn Malloy, a cryptographic auditor, who worked at the MOD for more than 16 years, developed severe depression and anxiety when her employer suspended her and charged her with a disciplinary offence.

It then took 18 months to decide on a penalty of a first written warning. During that time, Occupational Health reports consistently advised that Dawn would only start to recover her mental health once the MOD resolved the disciplinary issue.

Owing to the lengthy delay in addressing the disciplinary charges, our member’s high security vetting lapsed, her ill-health was exacerbated, and she was unable to return to her original role.

She resigned when the MOD failed to deal with her bullying and harassment grievances in full and to offer her the opportunity to return to work with a different manager.

Prospect’s legal team represented Dawn in presenting a claim to the Employment Tribunal for disability discrimination and constructive dismissal. We also referred her to our lawyers, Thompsons, for advice on pursuing a separate personal injury claim.

After the litigation had started, both cases were settled by the MOD for significant sums of compensation.

Dawn said: “If it hadn’t been for the support, perseverance, advice and assistance of my local Prospect Rep when I was so ill, along with support from Prospect’s head office & legal team, I just wouldn’t have been able to progress these claims. The MOD stonewalled me and did not deal with my situation fairly, effectively, or timely as I believe this result has shown. I feel I can now move forward with my head held high.”

Prospect’s Legal Officer, Linda Sohawon, commented; “Dawn was treated appallingly by the MOD, and this had had a significant impact on her career and her mental health. Despite this treatment, she has remained dignified throughout. Prospect is extremely pleased to have obtained such a good result for Dawn.”

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