Tribunal rules that permanently disabled employee should not have been dismissed 

13 May 2011

Colin Bourne has succeeded in obtaining an award of compensation of £194,000 for the Claimant in a Disability Discrimination Act claim. The tribunal found that the employer had failed to make a reasonable adjustment by retaining him in employment under a Permanent Health Insurance scheme provided in connection with his employment, paying him the benefits under that scheme but not requiring him to carry out any work.

The tribunal awarded him losses for life because, with the level of his disability, he is unlikely to find other work before he reaches retirement age.

Mr Bourne had previously persuaded an employment tribunal in Leeds to make what was then the highest ever award for injury to feelings in a discrimination case. Linda Sturdy was awarded £44,500 including aggravated damages and interest after the employment tribunal found that she had been the victim of age discrimination