Doing the numbers: EAT assesses compensation for disability discrimination

The claimant in Osei-Adjei v RM Education Ltd, who suffered from dyslexia, started work in January 2010. He was placed on a performance improvement plan (PIP) in May 2010 but was signed off with stress the next month and did not return.

He resigned in February 2011 and claimed unfair constructive dismissal and disability discrimination in the form of a failure to make reasonable adjustments. The latter claim was successful and he was awarded £4,000 for injury to feelings and £10,000 for psychiatric injury. The Employment Appeal Tribunal (EAT) case dealt with appeals on the compensation.

The claimant argued that he should be entitled to compensation for loss of earnings and vulnerability on the labour market. The EAT agreed with the tribunal that he had not been dismissed and his resignation broke the chain of causation so far as any future loss of earnings was concerned…

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