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Allowed in PartEmployment Tribunal·england-and-wales·

Disability Discrimination: Job Rejection Allowed, Dismissal Claims Out of Time

Case No. 2410939/2023 · Judge Cowx

📌 In brief

In this case, an Employment Tribunal ruled in favour of a worker who faced discrimination when applying for a job because of their disability. The tribunal awarded the worker £9,710 for emotional distress but dismissed other claims related to dismissal as they were filed too late.

⚖️ Legal holding

An employer must not reject a job application or dismiss an employee based on their disability, as this constitutes direct and indirect discrimination under the Equality Act 2010.

Topics

disability discriminationtime limits

Provisions

📖 What the law says

Equality Act 2010 s.13

Direct discrimination occurs when someone is treated less favorably because of a protected characteristic like disability. If the less favorable treatment is due to age, the discriminator must prove that the treatment is a proportionate means to achieve a legitimate aim. However, if the protected characteristic is disability, the discriminator cannot avoid liability simply by treating disabled persons more favorably.

Equality Act 2010 s.15

Discrimination arising from disability happens when a person treats a disabled individual unfavorably because of something related to their disability, and cannot justify the treatment as a proportionate means to achieve a legitimate aim. This does not apply if the discriminator can prove they did not know, and could not reasonably have known, that the person was disabled.

Plain-English explanation — does not replace advice from a solicitor.

📖 Technical summary

The claimant's disability discrimination claims succeed for one application but fail for another due to time limits.

📜 Headnote Official document

The Employment Tribunal found that the claimant's direct and indirect disability discrimination claims based on a rejected job application were well-founded, awarding compensation for injury to feelings. However, similar claims regarding dismissal were dismissed due to being out of time.

📚 Full judgment Official document

OUTCOME: Allowed in Part

Case No. 2410939/2023

EMPLOYMENT TRIBUNALS

Claimant: [redacted]

HELD AT:

Liverpool (by CVP) ON: 19 February 2026 BEFORE: Judge Cowx (sitting alone)

REPRESENTATION:

Claimant: [redacted] Unrepresented

JUDGMENT

1. The claimant’s claim of direct discrimination on grounds of disability contrary to Section 13 and his claim of discrimination arising from disability contrary to Section 15 of the Equality Act 2010 which pertain to the rejection of his job application on 20 June 2023 are well founded and succeed.

2. For injured feelings the Tribunal awards the claimant £8,000. The claimant is entitled to interest on the above awards at the rate of 8% per annum. The award for injury to feelings was therefore increased to £9,710.

3. No award was made for financial loss.

4. The claimant’s claims of direct discrimination on grounds of disability contrary to Section 13 and his claims of discrimination arising from disability contrary to Section 15 of the Equality Act 2010 which pertain to his dismissal on 26 November 2020 and the rejection of his job application on 28 June 2021 were presented out of time on the 28 September 2023. They were also not presented within such other period as was just and equitable. Pursuant to Section 123(a) of the Equality Act 2010 the Tribunal has no jurisdiction to hear these claims and they are dismissed on this basis.

Case No. 2410939/2023

_____________________________

Judge Cowx

16 January 2026

JUDGMENT SENT TO THE PARTIES ON

16 April 2026

FOR THE TRIBUNAL OFFICE

Notes

1. Reasons for the judgment having been given orally at the hearing, written reasons will not be provided unless a request was made by either party at the hearing or a written request is presented by either party within 14 days of the sending of this written record of the decision.

2. Judgments and reasons for the judgments are published, in full, online at www.gov.uk/employment-tribunal-decisions shortly after a copy has been sent to the claimant(s) and [APPELLANT](s) in a case.

Case No. 2410939/2023

NOTICE

THE EMPLOYMENT TRIBUNALS (INTEREST) ORDER 1990 ARTICLE 12

Case number: 2410939/2023

Name of case: [APPELLANT]

v [NAME] [RESPONDENT] [COMPANY] (in administration)

Interest is payable when an Employment Tribunal makes an award or determination requiring one party to proceedings to pay a sum of money to another party, apart from sums representing costs or expenses.

No interest is payable if the sum is paid in full within 14 days after the date the Tribunal sent the written record of the decision to the parties. The date the Tribunal sent the written record of the decision to the parties is called the relevant decision day.

Interest starts to accrue from the day immediately after the relevant decision day. That is called the calculation day.

The rate of interest payable is the rate specified in section 17 of the Judgments Act 1838 on the relevant decision day. This is known as the stipulated rate of interest.

The Secretary of the Tribunal is required to give you notice of the relevant decision day, the calculation day, and the stipulated rate of interest in your case. They are as follows:

the relevant decision day in this case is: 16 April 2026

the calculation day in this case is: 17 April 2026

the stipulated rate of interest is: 8% per annum.

[NAME] For the Employment Tribunal Office

Case No. 2410939/2023

GUIDANCE NOTE

1. There is more information about Tribunal judgments here, which you should read with this guidance note: www.gov.uk/government/publications/employment-tribunal-hearings-judgment-guide-t426

If you do not have access to the internet, you can ask for a paper copy by telephoning the Tribunal office dealing with the claim.

2. The payment of interest on Employment Tribunal awards is governed by The Employment Tribunals (Interest) Order 1990. Interest is payable on Employment Tribunal awards if they remain wholly or partly unpaid more than 14 days after the relevant decision day. Sums in the award that represent costs or expenses are excluded. Interest starts to accrue from the day immediately after the relevant decision day, which is called the calculation day.

3. The date of the relevant decision day in your case is set out in the Notice. If the judgment is paid in full by that date, no interest will be payable. If the judgment is not paid in full by that date, interest will start to accrue from the next day.

4. Requesting written reasons after you have received a written judgment does not change the date of the relevant decision day.

5. Interest will be calculated as simple interest accruing from day to day on any part of the sum of money awarded by the Tribunal that remains unpaid.

6. If the person paying the Tribunal award is required to pay part of it to a public authority by way of tax or National Insurance, no interest is payable on that part.

7. If the Secretary of State has claimed any part of the sum awarded by the Tribunal in a recoupment notice, no interest is payable on that part.

8. If the sum awarded is varied, either because the Tribunal reconsiders its own judgment, or following an appeal to the Employment Appeal Tribunal or a higher court, interest will still be payable from the calculation day but it will be payable on the new sum not the sum originally awarded.

9. The online information explains how Employment Tribunal awards are enforced. The interest element of an award is enforced in the same way.

📊 How courts decide similar cases

Among 12 similar decisions in this collection:

A snapshot of this collection — not a prediction of your case's outcome.

⚖️ What tends to weigh in cases like this

✅ Tends to be accepted

  • An employer must not treat an employee unfavourably because of something arising from their disability or engage in conduct that constitutes harassment related to the Equality Act 2010.
  • An employer must pay unlawfully deducted wages to an employee as provided by s.12(4) of the Employment Rights Act 1996.
  • An employer must not make unauthorised deductions from an employee's wages without lawful justification.
  • An employer must compensate an employee for unauthorised wage deductions, breaches of contractual notice periods, and failure to forward pension contributions.
  • An employer must pay notice period wages if they terminate an employee without providing the required notice.

Patterns observed in similar cases in this collection — every case is unique.

❓ Frequently asked questions

What did this decision decide?

The Employment Tribunal found that rejecting a job application due to disability is discriminatory and awarded compensation. However, similar claims regarding dismissal were dismissed for being out of time.

Who was involved?

A worker who faced discrimination when applying for a job because of their disability brought the case against an employer.

How did the court decide, and why?

The tribunal ruled in favour of the claimant based on evidence that rejecting a job application due to disability is discriminatory under the Equality Act 2010. However, claims regarding dismissal were dismissed as they were filed too late.

Which laws or rules were applied?

Key provisions included sections 13 and 15 of the Equality Act 2010.

What was the argument that mattered most?

The central reasoning was based on evidence showing that rejecting a job application due to disability is discriminatory under the Equality Act 2010.

Was the decision for or against the person who brought the case?

The decision was partly in favour of the claimant, with compensation awarded for injury to feelings but dismissal claims dismissed.

What does this mean for someone in a similar situation?

Someone facing discrimination when applying for a job due to disability may have grounds for a successful claim if they act promptly. However, claims regarding past dismissals must be filed within strict time limits.

What evidence or documents mattered?

Evidence of the discriminatory rejection and documentation showing the timing of the claims were crucial.

Can a decision like this be appealed?

Decisions from Employment Tribunals can often be appealed to the Employment Appeal Tribunal, but specific rules apply.

Is it worth getting a solicitor for a case like this?

It is advisable to seek legal advice from a qualified solicitor for cases involving employment discrimination.

Official source: Employment Tribunal — england-and-wales headnote and full judgment reproduced from the court's public records. View on the official source ↗Summary, holding, technical summary and questions: produced by Artificial Intelligence based on the official headnote and judgment. These are VadeLab’s own material and are not the work of the Court.This decision was issued by the Employment Tribunal and is reproduced from its published records. VadeLab is not affiliated with, and this page is not endorsed by, that court or tribunal.