Want to talk to an expert employment law solicitor?

You'll receive a callback from a specialist within an hour

In the case of Sykes v Nails Inc ET/1801697/2016 the Employment Tribunal held that Ms Sykes, the Claimant, had been dismissed because of something arising in consequence of her disability, and awarded her £10,000 compensation.

The facts in Sykes v Nails Inc

Ms Sykes suffers from non-epileptic seizures, and had done so for a period of time intermittently.

Ms Sykes worked for Nails Inc as a full-time counter manager at its White Rose Store. She was absent for work between January 2016 and her dismissal on 23 May 2016 as a result of workplace stress and, further, the seizures.

Ms Sykes was dismissed on 23 May 2016 by Mr Jolley on the grounds of capability, namely ill health that resulted in her prolonged absence from work due to sickness. Mr Jolley based his decision on the fact that he required a greater level of attendance from staff members – he applied a ‘rule of thumb’ that staff members should have a 95% attendance record and Ms Sykes had fallen below that, having only a 62% attendance record. He also justified his decision on the basis that it was not foreseeable when Ms Sykes may be able to return to work and that there had been a large number of complaints since she had been  absent from work, which he surmised was due to the store being short-staffed.

Ms Sykes made a claim  in the Employment Tribunal for discrimination arising from disability.

The decision of the Employment Tribunal in Sykes v Nails Inc

The Tribunal determined that Ms Sykes was a disabled person for the purposes of the Equality Act 2010 as her seizures had a substantial adverse impact upon her normal day to day activities when they occurred.

 

The Employment Tribunal found that Ms Sykes had been subjected to discrimination arising from disability: she had suffered the detriment of being dismissed (the unfavourable treatment relied upon) and her dismissal was something that had arisen in consequence of her disability – she had been dismissed because her seizures had caused her to have an extended period off work sick. The Tribunal also found that a legitimate aim was not pursued by Mr Jolley in dismissing her and, in any event, her dismissal was not a proportionate means of achieving a legitimate aim in the circumstances: the Tribunal found, for example, that Nails Inc could have pursued a non-discriminatory alternative such as giving her extra time to recover from her condition or allow her to reduce her hours or work as a nail technician (instead of her position as counter manager).

The Employment Tribunal awarded Ms Sykes £10,000 as compensation for injury to her feelings.

Our solicitors’ view on Sykes v Nails Inc

Chris Hadrill, a specialist employment solicitor at Redmans, commented on the case: “Employers should take great care when dismissing employees when the reason for the dismissal is something related to an employee’s disability – if the employer is unable to show a legitimate aim that they pursued in dismissing the employee, or they are unable to show that the dismissal was proportionate in the circumstances, then they could face paying out substantial compensation for disability discrimination.”

About

Redmans Employment Team deal with employment matters for both employers and employees, including drafting employment contracts and policies, advising employers and employees on compromise agreements, handling day-to-day HR issues, advising on restructures, and handling Employment Tribunal cases for both employers and employees Call 020 3397 3603 to speak to one of the members of our employment team or email us on enquiries@redmans.co.uk. Redmans have offices in Richmond, Chiswick, Hammersmith, Fulham, Kingston, Wimbledon, Ealing, Kings Cross and Marylebone (meetings strictly by appointment only).

Want to talk to an expert employment law solicitor?

You'll receive a callback from a specialist within an hour

Share →

Our awards

Request a callback

Your name

Your email

Your telephone number

Contact us

Please feel free to discuss your own position and concerns. Contact your nearest office on:

T: 020 3397 3603
E: enquiries@redmans.co.uk
W: www.redmans.co.uk

Testimonials

4.78 Average

143 Reviews

Liz P

An excellent professional service was provided by Chris Hadrill and Mel Chin. Efficient and trustworthy - would highly recommend this company.

Posted 1 week ago

Anonymous

Redmans Solicitors were great. They were able to advice me quickly and efficiently! I would recommend them, as a good solicitors to use.

Posted 1 week ago

Anonymous

Extremely efficient. Mel made a difficult situation bearable and gave good clear guidance thoughout.

Posted 2 weeks ago

Anonymous

Thanks Chris and Sacha I was reassured throughout the process and a happy outcome

Posted 2 weeks ago

Edward F

Good and clear employment advice

Posted 2 weeks ago

Richard O

Chris at Redmans is my go-to legal expert when it comes to employee-related matters. His depth of knowledge, experience and considered approach to problems and their solutions is highly valuable. I cannot recommend Redmans highly enough.

Posted 3 weeks ago

Rory Y

They provide me with timely and clear advice!

Posted 3 weeks ago

Steven C

Redmans handled my settlement with my employer quickly, decisively and to a standard that I was very happy with. I would in similar circumstances contract them again

Posted 3 weeks ago

Deepthi K

Transparent. Clear communication. Prompt reply’s. Saves lot of time. Very satisfied.

Posted 3 weeks ago

Anonymous

Chris and Sacha did a fantastic job and negotiated a significant better settlement agreement

Posted 3 weeks ago

Dino D

I did get a very swift and god service from Redmans

Posted 3 weeks ago

Stephanie H

Clear, prompt, effective support from Chris which has been very much appreciated. Thank you again.

Posted 1 month ago

Anonymous

I would highly recommend Redmans Solicitors, the team were very friendly and my case was dealt with professionally and efficiently. Thank you!

Posted 2 months ago

Shane M

Very professional, welcome advice at a crucial time. Always available and reasonable cost.

Posted 2 months ago

Anonymous

My case was relatively straight-forward. But even so, working with Redmans was easy, quick, professional & clear. Many thanks

Posted 2 months ago

Anonymous

The team were very helpful and answered all my questions regarding my redundancy. Initially I had a call with one of the representatives who escalated my request to a suitable employment solicitor. We arranged a call to discuss the settlement and she helped answer all my questions. We then mainly contacted through email which helped resolve the settlement quickly and convently. Thanks for all the help.

Posted 2 months ago

Djaouida T

You have good communication.

Posted 2 months ago

Anonymous

Fast and professional. A highly recommended company for employment related issues.

Posted 2 months ago

Anonymous

Very professional service.

Posted 2 months ago

Brittany

I was very grateful for Redmans to treat my case with respect and discretion. At the time, I was very new to London and it was meaningful to have someone on my side and win the case for me. Without any doubt, I would definitely recommend Redmans Solicitors to anyone who is in need of it.

Posted 10 months ago

Jake L

Chris is very professional and calm. Very attentive and patient, been a positive experience having Chris represent me, and would recommend him.

Posted 11 months ago