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Disability Discrimination failure to make reasonable adjustments

26 March 2010

We acted for a betting shop worker who sustained post traumatic stress disorder following an assault at work. Her medical condition meant that she was not able to work in a customer facing role. Four months later a position became available in telephone betting which she could have performed but the employer rejected her application and the post was filled by someone who was not disabled. We brought a disability discrimination claim alleging that it would have been a reasonable adjustment to have given her priority over the telephone betting role.

The claim succeeded and in March 2010 the Claimant was awarded a total sum of more than £80,000 as compensation for her lost earnings, injury to her health and injury to feelings. The Tribunal found that if she had been given the telephone betting role she would have been able to carry on doing it for several years.