Claims Case Studies

Employment law protection claims example: allegation of unfair dismissal and disability discrimination.


Case Study: Employment Law

The claimant requested a position with fewer hours and less responsibility at another of the insured’s sites or she would resign, the allegation being that she was overburdened with work. There were no other positions available and the charity believed her to have resigned after confirmation from her representative that she had not changed her mind. A claim for unfair dismissal and disability discrimination followed.

Allegation of constructive dismissal

A community support worker claimed constructive dismissal because the charity allegedly failed to deal with his concerns about his working arrangements, which he says made it impossible for him to continue working.

One allegation was that he had not received training on working with paranoid schizophrenics.

Under performance leads to dismissal

The chief executive of a charity had concerns in relation to its marketing director’s performance and as a result the charity pursued the matter through their capability procedure. The outcome was that the claimant was dismissed on grounds of insufficient capability.

Our Insurer Partners Markel International were able to accommodate this risk.