What Happened?
In one of the most significant Employment Tribunal decisions in recent years, Mrs Wright-Turner (“the Claimant”) was awarded £4,580,587.39 in compensation after being dismissed by the London Borough of Hammersmith and Fulham (“the Council”) during her probationary period. This is believed to be one of the largest compensation awards ever made by an Employment Tribunal in a public sector discrimination case.
The Claimant was appointed as Director of Public Services Reform in July 2017. Before commencing the role with the Council, she was involved in work connected to the emergency response following the Grenfell Tower fire. She was subsequently diagnosed with PTSD following her work on the Grenfell Tower response.
She disclosed both her PTSD and pre-existing ADHD on her pre-employment health questionnaire when she eventually began the role in November 2017.
Over the months that followed, the Claimant worked long hours while managing significant mental health difficulties. In May 2018, her line manager called an informal coffee meeting and made offensive, humiliating comments about the Claimant’s ADHD, telling her that her “brain doesn’t work like other people’s.” That same evening, the Claimant suffered a panic attack and ended up in A&E, where she presented with serious mental health symptoms.
What followed was deeply troubling. The Council extended her probationary period by three months via a backdated letter. When it ultimately dismissed her, that termination letter was also backdated, and the Tribunal found that the letters had been deliberately backdated in an attempt to create a misleading chronology surrounding the grievance and dismissal process. She was given no opportunity to appeal.
What Claims Were Brought and What Did the Tribunal Decide?
The Claimant brought claims against both the Council and her line manager personally. The Tribunal found in her favour on multiple grounds:
- Harassment relating to disability, arising from the offensive comments made about her ADHD.
- Direct disability discrimination in respect of both the extension of her probationary period and her dismissal.
- Discrimination arising from disability, as her absence due to a disability-related illness was used against her without any proper consideration of reasonable adjustments or alternatives.
A number of other claims, including aspects of the whistleblowing and victimisation complaints, were dismissed.
The Council was also found to have breached the ACAS Code of Practice on disciplinary and grievance procedures, and the Tribunal made severe findings about witness credibility and found that attempts had been made to mislead the Tribunal, including through the backdating of documents.
What Was the Value and Why?
The total award of £4,580,587.39 was made up of the following components:
- Losses to the date of hearing: £450,000
- Future pecuniary losses: approximately £1.56 million, including future earnings loss, pension loss, mortgage-related losses, and therapy costs
- Injury to feelings: £60,000 (top of the Vento scale)
- Psychiatric injury: £60,000
- Aggravated damages: £20,000, due to the Council’s deliberate attempts to deceive
- Exemplary damages: £15,000, reflecting the Tribunal’s findings about the oppressive and deliberate nature of the Council’s conduct (highly unusual in employment cases)
- ACAS uplift: £271,479.85 for failure to follow the ACAS Code
A substantial portion of the award reflected tax grossing-up, adding almost £2 million to the compensation figure.
The Tribunal awarded total compensation of £4,580,587.39, reduced to £3,780,587.39 after accounting for an interim payment already made to the Claimant.
The size of the award reflects the severity of the impact on the Claimant’s life. Since her dismissal, her health deteriorated to the point where the Tribunal accepted evidence that her ability to work in the future had been severely and potentially permanently affected. Her marriage ended. Repossession proceedings were started against her home.
“It is so humiliating to phone-up friends and beg them for money for legal costs. I borrowed £450,000 from my mother meaning she had to remortgage her house.” As stated by Claimant herself, according to the BBC.
Lessons for Employers
- Probationary periods are not a discrimination-free zone.
Being on probation does not remove an employee’s legal protections. Disability discrimination law applies from day one of employment, and dismissing someone during probation for reasons connected to their disability can be every bit as costly as any other dismissal.
- Know your employees’ health conditions and act on that knowledge.
The Claimant disclosed both ADHD and PTSD before she started. The Tribunal found there had been inadequate consideration of reasonable adjustments and the impact of her disabilities. Employers have a duty to make reasonable adjustments once they are aware, or ought to be aware, of a disability. Failing to properly consider that duty can expose employers to significant legal and financial risk. Find a case similar to this here, to understand the importance of getting the balance right.
- How you manage someone during sickness absence matters enormously.
The Council dismissed the Claimant while she was on sick leave, without warning and without proper consideration of alternatives such as adjustments or further support. Process matters. Cutting corners in the name of efficiency is not worth it.
- Never backdate documents.
This cannot be said strongly enough. The Tribunal found that both the probationary extension letter and the dismissal letter had been deliberately backdated. This turned a difficult case into a catastrophic one. Tribunals take deliberate attempts to mislead extremely seriously, particularly where documentary evidence has been manipulated.
- Train managers on disability awareness and communication.
The line manager in this case made offensive and humiliating comments about the claimant’s ADHD. The Tribunal found that the manager’s comments were inappropriate and discriminatory. Managers need proper, practical training, not just a policy document. Want to find out what happens when employers miss this? Check out one of our most recent takes on this here!
How Can Thrive Law Help?
At Thrive Law, we work with employers to build workplaces where people genuinely thrive. This case is a powerful reminder that getting employment law wrong, especially when it comes to disability, can have life-changing consequences for individuals and devastating financial and reputational consequences for organisations. If you’re a visual/audio learner, then tune into Jodie Hill’s YouTube channel, for more snippets of cases, employment law and neurodiversity awareness.
We offer:
- Employment law advice and support for businesses of all sizes, including guidance on managing probationary periods, sickness absence, and reasonable adjustments
- HR and management training on disability awareness, inclusive practices, and legally compliant people management
- Workplace culture and wellbeing reviews to help you identify risk before it becomes a Tribunal claim
- Representation and strategic advice if you are already facing a dispute
Whether you are looking to prevent problems or navigate one that has already arisen, we are here to help.
Final Thoughts
This case is not just a record-breaking award. It is a story about what happens when an employer fails to meet basic standards of fairness and lawful treatment and then attempts to create a misleading paper trail. The Claimant came into her role having already been through a traumatic experience at Grenfell. She disclosed her health conditions honestly and in good faith. She worked hard. She deserved support.
Instead, she was humiliated, dismissed without process, and left without income and in serious ill health. The Employment Tribunal’s award reflects the severity of what was done to her and the inexcusable conduct of those who attempted to mislead the Tribunal.
For employers, the message is clear. Disability discrimination is not a technicality. It is not a box-ticking exercise. It is about how you treat people. Get that right, and the law will rarely be something you need to fear.
Do you have questions about managing employees with disabilities, structuring probationary periods, or ensuring your policies are legally compliant? Do not wait for a problem to escalate.
Contact Thrive Law today for a free initial conversation:
enquiries@thrivelaw.co.ukand follow us on LinkedIn and Instagram for regular employment law updates
References and Further Reading
This blog is for general information purposes only and does not constitute legal advice. If you require advice specific to your circumstances, please contact a qualified employment lawyer.
