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Clients company failed to make reasonable adjustments for his disability during the redundancy scoring process

19 April 2011

Gary Smith, a Senior Transport Planning Engineer, who suffered with a degenerative disease, was made redundant after 20 years' service with Waterman Boreham Ltd in July 2009. We challenged his dismissal in the Employment Tribunal, primarily on the basis that the company had failed to make reasonable adjustments for his disability during the redundancy scoring process and had failed to properly consider advancing him for Permanent Health Insurance (PHI) as an alternative to dismissal. His claim for disability discrimination succeeded and he was awarded £139,402 in compensation for financial losses (mainly loss of PHI benefits to age 65) and injury to feelings.