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Record £550,000 payout for disability discrimination

A former London park worker made redundant along with 23 colleagues has won a record £550,499.09p in compensation after an employment tribunal ruled that his former employer had discriminated against him because of his disability.

Clapham Common

The man's union, the GMB, says the sum is the highest compensation payment ever awarded in a disability discrimination case. Three other claimants also won their claims of disability discrimination, but were awarded lower sums.

Awards for disability discrimination are notoriously difficult to predict. Figures released by the Tribunals Service show that just five payouts exceeded £50,000 last year, with the highest totalling £136,648. However, the median award for disability discrimination was slightly higher than for those in other jurisdictions.

Detailed guidance on the legal issues surrounding this area can be found in the XpertHR employment law reference manual chapter on disability discrimination (subscription required).

The claimant, who has not been named, was made redundant by Lambeth Serviceteam Limited, now Veolia Environment Services Lambeth, from his job as a gardener. He and his colleagues were based in various parks around the borough, including at Clapham Common and Kennington Green.

The GMB took all 24 claims to a tribunal, arguing that they had been unfairly dismissed. According to the union, the tribunal declared that "the results thrown up by the application of Lambeth Serviceteam's redundancy selection criteria were arbitrary and not consistent with the company's internal policies or its stated aim of achieving a commitment to horticultural excellence".

It also said that consultation with the four workers who claimed for disability discrimination had been inadequate given the nature of their disabilities. The man who received the record payout has learning difficulties. The four were awarded a combined total of £1.3 million.

Update: I understand the £1.3 million was the sum paid to all 24 claimants, not just the four claiming for disability discrimination.

Mark Crail | |

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