Bridge HR articles

The Claimant in this case must have been feeling very buoyant after winning a claim for disability discrimination, reeling in large compensation payment.

The case

Barbara Hall had undergone double hand surgery for carpal tunnel syndrome (CTS) which caused her severe pain in her hands, fingers and wrists.

Ms. Hall commenced employment with ‘Let’s Explore’, a soft play centre, in Surrey in October 2017. In her role, Ms. Hall was the receptionist and worked from a boat-shaped desk.

As visitors arrived, Ms. Hall was required to reach down and pick up a card payment machine multiple times a day, which exacerbated her CTS.

Ms. Hall raised numerous concerns regarding the ergonomics of the desk. She was not alone and other colleagues also complained.

There was, eventually, an occupational health report which confirmed that a number of adjustments could be made. This included fixing the payment machine to a cradle. Regardless, the employer took no action.

Ms. Hall soldiered on with the pin as she loved her job but she was, eventually, signed off sick.

She was later made redundant during the COVID-19 pandemic.

The subsequent claim and outcome

Ms. Hall brought a claim for disability discrimination which she was successful in.

The Tribunal held the following: -

1. Using the payment machine manually and repetitively placed Ms. Hall at a substantial disadvantage because of her CTS which caused her pain and discomfort.
   
   
2. The payment machine could have been adjusted/located in a fixed and secure cradle with a headset device to remove the need to use her hands at all – this was not done and would have helped the employer defend had it done so.
   
   
3. Of significance was the fact that the employer had not recorded or adduced any evidence to show why those adjustments were nor, or could not have been, made.

Consequently, Ms. Hall won £34,145 compensation.

Thoughts for employers with such issues

Keeping on the starboard side of the law can be tricky, but this seems to have been a case where the employer was offered the opportunity to set things right but omitted to do so. Consequently, they were on the hook for a substantial payout.

There appear to be a few lessons we could learn from this case, as follows: -

1. The duty to provide reasonable adjustments can be complicated to navigate, obtaining a medical/occupational health report and assessment is a crucial first port of call at the outset of any such case, if you don’t, you greatly increase your chances of claims.
   
   
2. If an occupational health report is obtained, it is beneficial to act on it and record what and why you have done it, preferably with the employee’s full agreement after consultation with them. We were at odds to understand the logic behind the employer in this case getting such a report and, apparently, ignoring it.
   
   
3. Do remember, claims regarding discrimination can result in uncapped compensation thus justifying the investment in good processes to avoid them. In this case, Ms. Hall was awarded a handsome injury to feelings award of £14,000 and a large pecuniary loss.
   
   
4. If adjustments are identified, it is worth considering whether they are ‘reasonable’ - make sure to assess this properly as it is complex and often requires legal and occupational assessment too.  

For further assistance (or a life ring) with any of the information contained within this article, please do not hesitate to contact the Bridge Employment Law team on 01904 949008 or email us at enquires@bridgeehr.co.uk.