A tribunal has awarded an advice worker £18,886 in compensation for associative disability discrimination following her dismissal because of reasons relating to her disabled daughter. The Belfast Telegraph report that Ms McKeith (M) has a disabled daughter and she is responsible for her care. A friend looked after her daughter while she worked for four mornings a week totalling 16 hours. She had been sent home from work for two extended periods during the months before she was dismissed, even though she had not asked for leave. The tribunal considered that, in her managers’ minds, M’s position was not properly in the workplace because she had a disabled daughter, who should be ‘her priority’. The tribunal found that the dismissal was associative direct discrimination because M was the primary carer for her disabled daughter. The Court of Appeal agreed. The tribunal then awarded M £10,000 for injury to feelings, £6,760 for loss of earnings, and £2,126 in interest.
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This provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and the judgments made in every aspect of the case. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, we cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.