Medical Evidence for Personal Injury Awards not an Absolute Requirement in Discrimination Claims
The Employment Appeal Tribunal held that medical evidence was not necessarily required in order for a personal injury award to be made in a disability discrimination case.
Even when there were issues in relation to the causation of the injury in the case of Hampshire County Council v Wyatt.
Facts
The Claimant was employed by Hampshire County Council (the Council) as a carer. The Claimant suffered from dyslexia satisfying the definition of 'disability' under the Equality Act 2010 (EqA 2010). She was suspended pending an investigation into serious allegations against her. The suspension triggered depression which the Council also acknowledged was a disability under EqA 2010. The Claimant was subsequently signed off sick.
The Council started a disciplinary investigation against the Claimant and then changed this to a performance management process. The Claimant was eventually dismissed for long-term ill health absence following an absence management procedure.
As a result of her dismissal, the claimant brought claims of unfair dismissal and disability discrimination.
Decision of Employment Tribunal
The Employment Tribunal (ET) found that it had not been unlawful for the Council to suspend the Claimant. However, the Council had conducted the suspension meeting in a way which led the Claimant to believe she was losing her job rather than being suspended by not explaining things slowly and carefully to her. The ET held that this, along with a number of other discriminatory acts relating to the Council's internal procedures, amounted to disability discrimination.
The Claimant was awarded nine months' financial losses as compensation for unfair dismissal'. The Claimant was also awarded compensation for disability discrimination including £15,000 for injury to feelings and £10,000 for personal injury.
The Council appealed the unfair dismissal and personal injury awards arguing that medical evidence must be obtained to address the issue of causation and, as such, that the absence of medical evidence rendered the awards excessive.
Employment Appeal Tribunal
The Employment Appeal Tribunal (EAT) dismissed the appeal upholding the awards made by the ET. Although the EAT noted that it was unusual for there not to be any medical evidence in this type of case, it found that it was not compulsory in order for a personal injury award to be made.
In reaching its conclusion, the EAT cited a number of reasons which included the fact that there had been some medical evidence in the form of occupational health reports together with supporting witness statements demonstrating how the Council's actions had affected the Claimant.
Best Practice
Although there is no legal requirement for medical evidence to be produced in relation to personal injury awards for disability discrimination cases or for the assessment of compensation for unfair dismissal, it is advisable for both claimants and respondents to obtain medical evidence in such cases to support their respective arguments in relation to causation. It should be noted that, in this case, there was enough supporting evidence from other sources to justify the awards made by the ET.
Additionally, the case is a reminder that employers have a duty to make reasonable adjustments for disabled employees and will be exposed to potential claims if they fail to do so.