Disabled teacher Allison Shearer was awarded £61k for unfair dismissal and disability discrimination, a case employers can learn from when dealing with disabilities in the workplace.
Background of the Case
Allison Shearer vs. South Lanarkshire Council revolves around allegations of unfair dismissal and disability discrimination. Allison Shearer, who qualified as a teacher in 1987, held various roles within the educational sector, eventually working for South Lanarkshire Council. She was employed by the respondent’s predecessor, Strathclyde Regional Council, as a children’s rights worker in Social Work Resources in 1991 and transferred to South Lanarkshire Council in 1996.
Shearer, at the time of dismissal, was working at Clydesdale Support base in Carluke and was informed of being moved to Kear School in Blantyre, which has high levels of violence. This was a concern for Shearer, who suffered from high blood pressure, anxiety, and low moods caused by menopause.
Key Issues
The primary issues concerned Shearer’s capability related to her health and how her employer, South Lanarkshire Council, handled it. The council terminated her employment on the grounds of capability due to ill health. Despite Shearer’s attempts to address her employment situation, including appealing the decision, the council upheld the dismissal.
The tribunal had to determine if the dismissal was fair and reasonable under the Employment Rights Act 1996 (ERA 1996) and whether reasonable adjustments were made for Shearer’s disability under the Equality Act 2010 (EqA 2010).
Shearer was defined as disabled due to menopause symptoms detailed above and feared the change of schools would worsen the symptoms due to the violence levels. The claimant was on prescribed medication for her symptoms and became extremely anxious after learning about the potential move.
Shearer saw this move as a punishment for disagreeing with the headteacher about allowing a pupil with asthma to vape in every class. The headteacher felt it was her “duty of care by teaching staff to pupils” to supervise vaping. The tribunal said there was insufficient evidence to uphold this claim.
Details of the Case
Shearer’s dismissal was linked to her health, specifically how her ill health impacted her capability to perform her job. The council argued that her health issues led to significant absences, affecting their ability to maintain good levels of employee attendance and deliver education effectively.
The tribunal’s scrutiny of the council’s actions in accommodating Shearer’s disability underscores the crucial role of reasonable adjustments in ensuring a fair and inclusive workplace.
The tribunal needed to establish if Shearer faced discrimination arising from her disability and if the council’s decision to dismiss her was a proportionate means of achieving legitimate aims such as maintaining attendance and managing resources effectively.
Evidence Presented for unfair dismissal
The tribunal heard from several witnesses, including Allison Shearer, her line manager Stewart Miller, HR Business Manager Elaine Maxwell, and Executive Director of Education Resources Carole McKenzie. These testimonies provided insights into the council’s decision-making process and how Shearer’s situation was managed.
A comprehensive joint file of documentary evidence was presented, including relevant communications and internal documents from the council. This evidence helped the tribunal assess the procedures followed and the rationale behind the council’s decisions.
The tribunal’s deliberations were guided by sections 98(2)(a) and 98(4) of the ERA 1996 concerning the fairness of dismissals and the requirements under the EqA 2010 for making reasonable adjustments and avoiding discrimination arising from disability.
Outcomes of the Case
The tribunal found in favour of Shearer, ruling that her dismissal was unfair. The council failed to demonstrate that the dismissal fell within the range of reasonable responses that a reasonable employer might adopt.
The tribunal also upheld Shearer’s claim of disability discrimination, concluding that the council did not make sufficient reasonable adjustments to accommodate her disability and that her dismissal constituted unfavourable treatment arising from her disability.
Compensation breakdown
In the case of Allison Shearer v. South Lanarkshire Council, the breakdown of the £61,074.55 award she received is detailed as follows:
- Basic Award for Unfair Dismissal: £18,647
- This amount is awarded for the unfair dismissal itself.
- Compensatory Award for Unfair Dismissal: £500
- This figure accounts for the loss of statutory rights.
- Compensation for Unlawful Discrimination: £41,927.55
- This is further divided into specific categories:
- Net Financial Losses to the Date of Hearing: £15,046.40
- Interest on Financial Losses to the Date of Hearing: £379.25
- Future Loss of Earnings: £9,125.39
- Future Pension Loss: £1,176.51
- Compensation for Injury to Feelings: £15,000
- This is further divided into specific categories:
- Interest on Compensation for Injury to Feelings: £1,200
- Total Compensation: £61,074.55
The total amount awarded must be grossed up to reflect the incidence of tax. The specific calculation for grossing up was not detailed and requires further submissions by the parties involved.
This breakdown covers various aspects of Shearer’s financial and emotional impact, including immediate financial losses, future anticipated losses, and compensation for the distress caused by the discriminatory acts and unfair dismissal.
Lessons for Employers
Employers must take proactive steps to accommodate employees with disabilities, ensuring that reasonable adjustments are made to avoid disadvantaging them in the workplace. Whilst menopause is not defined as a disability in the workplace, the symptoms Shearer suffers from were.
Employers should adhere to fair and transparent processes when addressing capability issues related to health. This includes providing clear communication, offering alternative positions if feasible, and meticulously documenting all decisions.
Following legal obligations under the ERA 1996 and EqA 2010 are crucial. Employers must ensure their actions are justifiable, proportionate, and within the scope of reasonable responses to avoid claims of unfair dismissal and discrimination.
Adequate training and support for managers and HR personnel on handling disability-related issues and implementing fair dismissal procedures can prevent similar cases and foster an inclusive workplace environment.