Adele Akers Defends Health Insurer in Complex Disability Discrimination & Constructive Dismissal Claim

Adele Akers successfully defended a health insurance firm against the Claimant’s claims of direct disability discrimination, discrimination arising from disability, indirect disability discrimination, failure to make reasonable adjustments, harassment related to disability, victimisation and constructive unfair dismissal.

The Claimant was a valued employee who suffered from mental health conditions and who was also neurodivergent. The claims focused on the application of the Respondent’s policies to the Claimant, how the Respondent assisted the Claimant in meeting his needs and the Claimant’s eventual decision to resign which was, subsequently, followed by an attempt to retract the resignation.

The Judge found that there was no discrimination directed to the Claimant at all, with the Judgement commenting that,

“[o]verall, the respondent’s managers did their best to respond to the claimant’s requirements and concerns” and that the “treatment the claimant complains of did not amount to disability discrimination”.

On the contrary, the Respondent were found to have made many adjustments and changes for the Claimant which,

“[v]iewed objectively…increased or preserved the trust and confidence, rather than destroying or damaging it”.

The hearing initially commenced with numerous case management issues, but the Judge underlined Adele Akers’ calm and pragmatic approach and commended her for it, as it enabled the tribunal to proceed to hear the case in the hearing window.

Adele was instructed by DWF LLP in this 9-day hearing.