A paralegal has been awarded more than £40,000 after an employment tribunal ruled that she was unfairly dismissed and that she was discriminated against due to her disability.
Saima Kauser started working for Oldham-based Inaaya Solicitors as a paralegal in 2016. She could not work full-time due to her disability, which is chronic pain in the right side of her body.
The firm noticed a decline in road traffic accident work and so members of staff working in the department, including Kauser, were told on 14 November 2022 that their roles were at risk of redundancy. Consultation meetings were held, and an additional meeting took place with Kauser on 25 November 2022 to discuss a job share option. A few days later she was told that no other member of staff wished to job share.
She was dismissed, with the given reason of redundancy. Her appeal against it was rejected, along with a grievance and her appeal against the rejection of the grievance.
However, the firm later posted job adverts, with a start date of 1 March 2023, for roles that Kauser was qualified for. At least one of the roles was hybrid and included working from home, while another said it would accept a part-time worker.
Employment Judge Ficklin said: “The advert must have been posted on Indeed at some point between the claimant’s last day on 29 November 2022 and some time in February 2023. We are also persuaded that the adverts must have been written during or after the respondent embarked on the redundancy programme, because the adverts refer to the four-day work week. We find that the job adverts are a public statement of their true intentions.”
The tribunal found Kauser’s redundancy was unfair because she could have continued as a part-time worker, and there was no “objective justification” for her dismissal.
A remedy judgment detailed the firm must pay her £41,411.78. This includes £10,320.28 for unfair dismissal, £28,446.44 for successful claims of discrimination, detriment, failure to make reasonable adjustments and less-favourable treatment for being disabled and part-time, and £22,5000 for hurt, distress and humiliation. She was also awarded £362.70 for failure to provide written particulars of employment.
Inaaya Solicitors was contacted for comment prior to publication.
