Unlawful disability discrimination

Our client suffered from multiple sclerosis and was registered as disabled. She had been offered a job subject to satisfactory references and a health questionnaire.  When she completed the health questionnaire the client stated that she considered herself disabled and that her disability was multiple sclerosis.  One question asked about her absences over the last two years and she confirmed that she had had no absences.  She advised her new employer by email that she had occasionally be permitted to work from home when her condition was symptomatic.

The employer requested references from her previous employer and also details of her absence record. The client invited the new employer to request any further clarification or details of her sickness record and disability that it may require.

However, the job offer was  withdrawn and the client was accused of having been dishonest when completing the health questionnaire by not including periods when she had been allowed to work from home as “absences” from work on the form.

A tribunal claim was submitted for unlawful discrimination under the Equality Act and a significant financial settlement was secured for our client at an early stage of the proceedings.