Employment Tribunal Rules on Age Discrimination and Disability Adjustments
📌 In brief
In this case, an employment tribunal considered claims of age discrimination, victimisation, and unauthorised wage deductions. The claimant's disability-related adjustments claim succeeded, while other claims failed.
⚖️ Legal holding
An employer must make reasonable adjustments for disabled employees to avoid discriminatory constructive dismissal.
📖 What the law says
Direct discrimination occurs when someone is treated less favorably due to a protected characteristic like age, disability, or race. If the issue involves age, the treatment must be a proportionate means to achieve a legitimate aim. If it involves disability, the less favorable treatment must not be solely because disabled individuals are treated more favorably.
An employer must provide reasons for dismissing an employee and demonstrate that the reason falls within certain categories, including capability, qualifications, conduct, redundancy, or legal compliance. The fairness of the dismissal is then judged based on whether the employer acted reasonably in the circumstances.
Plain-English explanation — does not replace advice from a solicitor.
📖 Technical summary
The claimant's age discrimination and constructive dismissal claims were partially successful, while victimisation and wage deduction claims failed.
📜 Headnote Official document
The Employment Judge ruled that the employer failed to make reasonable adjustments for a disabled worker, leading to discriminatory constructive dismissal. Claims of age discrimination and victimisation were partially dismissed.
📚 Full judgment Official document
OUTCOME: Allowed in Part
Case Number: 6008553/2024
1
EMPLOYMENT TRIBUNALS
Claimant: [redacted]
Respondent: [redacted]
Heard at:
[COMPANY]
On:
13-17, 20-22 ([APPELLANT]);
23-24 and 27 April (deliberation in chambers); and
28 April 2026 (for judgment, by CVP)
Before:
Employment Judge Massarella
Representation
Claimant: [redacted]
Respondent: [redacted]
JUDGMENT The judgment of the Tribunal is that: - 1. the following claims of direct age discrimination are dismissed on withdrawal; Issue 3.2.3 and 3.2.6 (insofar as it was alleged against Ms [NAME]); 2. the remaining claims of direct age discrimination are not well-founded and are dismissed; 3. the following claims of victimisation are dismissed on withdrawal: Issues 5.2.4 and 5.2.13; 4. the claim of victimisation at Issue 5.2.8 succeeds; 5. the remaining claims of victimisation fail and are dismissed; 6. the claims of unauthorised deduction from wages are not well-founded and are dismissed;
Case Number: 6008553/2024
2 7. the Claimant was a disabled [APPELLANT] at the material time; 8. the claim of a failure to make reasonable adjustments succeeds; 9. the claims of constructive unfair dismissal and discriminatory constructive dismissal succeed.
____________________________
Employment Judge Massarella
Date: 29 April 2026
Notes 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.
Public access to employment tribunal decisions Judgments and full written reasons for the judgments are published online at www.gov.uk/employment- tribunal-decisions shortly after a copy has been sent to the claimant(s) and respondent(s) in a case. Summary written reasons, if they are provided separately from the judgment, are not published online.
Recording and Transcription Please note that if a Tribunal hearing has been recorded you may request a transcript of the recording, for which a charge may be payable. If a transcript is produced it will not include any oral judgment or reasons given at the hearing. The transcript will not be checked, approved or verified by a judge. There is more information in the joint Presidential Practice Direction on the Recording and Transcription of Hearings, and accompanying Guidance, which can be found here: https://www.judiciary.uk/guidance-and-resources/employment-rules-and-legislation-practice-directions/
📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- Employment Tribunal Employment Tribunal Rejects Unfair Dismissal and Breach of Contract Claims
- Employment Tribunal Employment Tribunal Rejects All Claimant's Complaints Against Employer
- Employment Tribunal Employment Tribunal Rejects All Discrimination Claims Against DVLA
- Employment Tribunal Home Office Wins Disability Discrimination Case at Employment Tribunal
- Employment Tribunal Employment Tribunal Allows Unfair Dismissal Claim, But Compensation Reduced
- Employment Tribunal Employment Tribunal Decision: Unfair Dismissal Rejected, Wrongful Dismissal…
- Employment Tribunal Holiday Pay Claim Successful in Employment Tribunal Case
- Employment Tribunal Employer Must Compensate for Unauthorised Wages, Not Pension Failures
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 compensate an employee for unauthorised wage reductions or breaches of employment contract regarding notice periods, wrongful dismissal by redundancy, and provide holiday pay for accrued but untaken leave upon termination. An employer is liable to make reasonable adjustments in part if the claimant's allegations are substantiated by evidence.
❌ Tends to be rejected
- An employer is not required to make reasonable adjustments or avoid discriminatory practices if there are no grounds for such claims under applicable statutes, and an employer is not required to make reasonable adjustments for an employee who does not meet the legal definition of disabled under the Equality Act 2010.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The employer was found to have failed in making reasonable adjustments for a disabled worker, leading to discriminatory constructive dismissal.
Who was involved?
A disabled employee and their employer were the main parties involved.
How did the court decide, and why?
The tribunal ruled that the employer's failure to make reasonable adjustments led to a breach of disability rights, supporting the claimant's case.
Which laws or rules were applied?
Equality Act 2010 s.13 and Employment Rights Act 1996 s.98 were key provisions used in the decision.
What was the argument that mattered most?
The claimant's argument about reasonable adjustments for disabled workers was central to their success.
Was the decision for or against the person who brought the case?
The decision was partially in favour of the claimant, supporting their disability-related claims.
What does this mean for someone in a similar situation?
Someone facing similar issues should seek reasonable adjustments and consider constructive dismissal if these are not provided.
What evidence or documents mattered?
Evidence showing the employer's failure to make reasonable adjustments was crucial.
Can a decision like this be appealed?
Yes, decisions from employment tribunals can often be appealed to an Employment Appeal Tribunal.
Is it worth getting a solicitor for a case like this?
It is highly recommended to seek advice from a qualified solicitor for such cases.