Prospect member gets significant settlement on brink of tribunal

20 January 2022

A Prospect member who was dismissed on capability grounds settled his employment tribunal claim for a five-figure sum on the brink of his tribunal hearing.

He had worked for his employer for over 30 years when he was diagnosed with anxiety and depression as a result of workplace bullying and harassment. He had to go on extended sick leave in 2017. Successive OH Reports advised that he would not be able to return to work until his workplace environment was changed. His employer had originally agreed to move him away from his managers, but later reneged on the decision and no reasonable adjustments were offered. He was dismissed for sickness absence in 2019.

Prospect presented a claim to the tribunal for disability discrimination and unfair dismissal in 2019. Since then there had been a couple of preliminary hearings where the member was represented by Linda Sohawon, Prospect Legal Officer. The final hearing was due to be heard in January 2022 for four days. Prospect briefed Stephen Marsh, of Garden Court Chambers, to represent our member. On the very last working day before the hearing there was a successful settlement.

Our member said: “I could not have achieved this outcome without Prospect. Whilst I will always be saddened and disappointed in the way I was treated by my employer, and by the loss of the career I loved, I am grateful for the support I received. Ultimately, Prospect was the only defence I had against an uncaring management”.

Prospect Legal Officer Linda Sohawon said:

“I am delighted that we were able to resolve this case. Though it is so frustrating that our member had this whole issue hanging over his head for two and a half years waiting for the hearing.

“Cases like this illustrate the importance of trade union membership, wherever you work to make sure you have access to the best possible advice and representation if you ever need it.”

Two men talking over a desk at work, the man on the right of the photo is a wheelchair user

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