Jessie Mark and Lauren McLaughlin of Curzon Green’s Employment Team acted for the Claimant who brought complex claims of disability discrimination, harassment, victimisation and unfair dismissal, among others, against a national employer. Following a dismissal for ill health, failings were raised in respect of how the Claimant had been treated at work and while the Claimant was off on long term sickness and pursuing a grievance, and challenges were raised about the fairness of the dismissal itself, under the Equality Act 2010 and Employment Rights Act 1996.
Having initiated a claim in early 2020, a final hearing had been set for 7 days in early 2022. The matter recently settled at a successful Judicial Mediation, allowing the Claimant much-needed closure, and the opportunity to focus on their health, family and future again. Judicial Mediations are proving successful in the Employment Tribunal sphere, where both parties are willing to enter pragmatic discussions to avoid the stress and time of final hearings. While not suitable for all claims, where there are complex and sensitive issues of disability and health, for example, mediation can allow for a resolution to be reached that incorporates terms beyond financial elements – such as apologies and references, which the Tribunal is unable to award.