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

4.76 Average

176 Reviews

Mohamed A

Super helpful and efficient, trustworthy service

Posted 1 day ago

Anonymous

efficient, responsive and effective

Posted 2 days ago

Andrew B

Very good service

Posted 2 days ago

Anonymous

Excellent service, compassionate and a good outcome

Posted 3 days ago

Anonymous

I had an employment issue which required legal advice. Chris was very supportive and knowledgeable, resulting in an optimum resolution in my favour. Would definitely recommend.

Posted 1 week ago

David M

Very professional and first-rate advice. I would use again. With thanks,

Posted 1 week ago

Anonymous

Got the job done swiftly without going too much in to detail.

Posted 1 week ago

Derek W

Redmans dealt with my case very efficiently and I was happy with the outcome.

Posted 1 week ago

Anonymous

Timely professional advice!

Posted 1 week ago

Anonymous

Very good service

Posted 2 weeks ago

Anonymous

I was in contact with Chris and then worked with Caroline on an employment matter. I was very pleased with the service and professionalism throughout, and came away with satisfied with the outcome. Would happily recommend.

Posted 2 weeks ago

Nikki

Received advice re employment law. Chris was very helpful and advised accordingly. Would happily recommend them and if ever I need help again, will not think twice before using them.

Posted 3 weeks ago

Samantha K

Absolutely brilliant thank you. Caroline Lewis is a legend

Posted 2 months ago

Anonymous

The legal advice was clear and helpful.

Posted 2 months ago

Davinder P

Good Service

Posted 2 months ago

Adrian V

I was using Redmans services for a Settlement Agreement. Very quick and professional service. The outcome was favourable and I was very pleased with the amendments and results. Pretty glad to recommend them for any type of legal advice.

Posted 2 months ago

Anonymous

Very responsive, efficient, clear and supportive. Thank you! Highly recommend.

Posted 2 months ago

Tiago S

Chris was always prompt to help me with legal matters that are beyond my comprehension and very helpful leasing with my former employer. I would recommend Redmans Solicitors to everyone who needs help.

Posted 2 months ago

Anonymous

Fast and professional advice tailored to what was needed. Thanks for your help Chris Hadrill and team.

Posted 2 months ago

Peter S

Really pleased with the outcome and the advice I had from Chris and Sacha.

Posted 2 months ago

Harika A

Redmans solicitor's helped me with my settlement agreement, Chris has been very helpful throughout the process.He was very prompt in his responses and made my settlement look simple.Special thanks to Caroline for her efficient communication, thorough explaination of contract terminology and negotiations.I highly reccommend Redmans solicitors for anyone seeking employment related legal help.

Posted 2 months ago