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RECENT CASES & TESTIMONIALS

CANCER AS A DISABILITY, WITHHOLDING OVERTIME PAY

Our client was employed as a driver and diagnosed with cancer which meant he required time off for medical appointments and recovery. He worked overtime when he was able to but his employers took the decision to withhold the overtime pay to be offset against time he may require off in the future. Our client eventually resigned and we bought claims for discrimination, constructive dismissal and unlawful deduction from wages. He obtained a five figure sum and reference and his feedback is below:

"Excellent service that I would not hesitate to recommend, very calm, knowledgeable and understanding."

CROHN’S DISEASE, WHISTLEBLOWING AND CONSTRUCTIVE DISMISSAL

Our client pointed out fraudulent activities to his employers and was subjected to various detriments as a result. He eventually resigned due to the behaviour of his employers and we bought claims for whistleblowing and constructive dismissal. We also argued that the condition of Crohn’s disease amounted to a disability which meant that our client was further protected by the Equality Act which exacerbated effects of the detrimental behaviour. The case settled for a favourable sum at judicial mediation.

 

“I found myself having to leave employment after almost 10 years with my employer - due to a lack of care and failure to offer reasonable adjustments surrounding my disability.  Atkinson Rose took my case on and worked with me to ensure I received everything I deserved and needed to start my life again - Thanks Atkinson Rose!"

DEPRESSION LEADING TO PERFORMANCE DISMISSAL

Our client had been employed for less than two years and was dismissed for performance related issues. We brought a claim on the basis that she should have been protected due to her anxiety and depression. 

We argued that the employers had failed to make reasonable adjustments relating to the depression such as  suitably discussing the disability in light of the performance issues, providing regular supervision, and implementing a process to minimise workplace stress. The Claim settled for a considerable sum, and our client’s feedback is as follows:

“Atkinson Rose dealt with my case in, not only a professional way, but in a friendly and informative way. They offer their clients continued support throughout the whole process. An absolute pleasure to work with and highly recommended. Supportive, friendly and professional.”​

DERMATITIS AS A DISABILITY, FAILURE TO MAKE REASONABLE ADJUSTMENTS & CAPABILITY DISMISSAL

Our client was employed by a large company and diagnosed with dermatitis which made it increasingly difficult for her to perform her role satisfactorily and she was eventually dismissed on the ground of ill-health capability. She was a member of a trade union who declined to help her on the basis that her claim was not strong enough for their own solicitors to assist. We disagreed with this opinion and took the case on a no win no fee basis.

We argued that the condition amounted to a disability under the Equality Act and bought claims for unfair dismissal, a failure to make reasonable adjustments and disability discrimination. This was on the basis that the employers could have made adjustments that could have made it easier for our client to remain in her job and perform her role more comfortably. 

The employers conceded that the condition amounted to a disability and the claim eventually settled for a significant sum of money with the employers also agreeing to provide a reference for future employers. 

"Thank you for your services regarding my case. Even though my own union solicitors had let me down twice, you had the patience and professionalism to proceed and bring my case to a successful conclusion. Atkinson Rose listened to me were others would not and I would recommend them to all my family, friends and acquaintances."

DISABILITY IMPACTING PUNCTUALITY, UNFAVOURABLE TREATMENT TOWARDS PART TIME EMPLOYEE

Our client initially bought a claim in person and we took over after she contact our firm following a difficult preliminary hearing. We amended her claims and gained permission to bring those deemed out of time. The claim revolved around a mental health disability which meant that our client had memory problems which had an impact on the quality of her work and punctuality.  Her employers failed to make reasonable adjustments to accommodate those issues.  They also failed to give her time off or discretionary sick pay due to the fact that she was a part time employee.  

 

We bolstered her claims and steered the proceedings to judicial mediation where a very favourable outcome was reached. 

"Atkinson Rose have won my case, they provide specialist quality documentation and an excellent service to represent myself in court. They always make time to speak to me."

DISCRIMINATION WHILST ON MATERNITY LEAVE

Our client contacted us after her employers failed to contact her whilst she was on maternity leave and then attempted to make things difficult when she attempted to return. Hostile meetings took place where salary cuts and demotions were discussed. It became clear that our client was no longer welcome back to the company because she had taken maternity leave and so she resigned. We bought claims for constructive dismissal and discrimination against the company and the individuals involved in the harassment.

" I struggled to find a firm to take my case no win no fee however Atkinson Rose took me on and successfully settled my claim. During what was a stressful and emotional time, Amit demonstrated compassion and patience and took the time to explain the procedures in a way that I understood. I am delighted with the outcome and would recommend Atkinson Rose without hesitation."

DISMISSED FOLLOWING AN ARREST

Our client was employed within the public sector and dismissed following an incident in his personal life which led to his arrest. We argued that the dismissal was substantively unfair, and that conclusions were arrived at on the basis of misinformation and circumstances that were unrelated to our client’s employment. We argued that our client’s private affairs had no impact on his work, nor did it affect his ability to perform within a professional capacity. We also highlighted various procedural deficiencies. 

 

The matter settled for a significant sum along with an agreed reference, thus securing our client’s future employment despite a dismissal on the ground of gross misconduct. Our client stated as follows: 

 

“Your services are so professional and I am happy I came to you.”

DISMISSED FOR UNAUTHORISED ABSENCES

Our client occasionally worked from home and was dismissed following her employer undertaking a review of hours. It deemed that our client had not properly recorded the occasions that she was working from home, and concluded them to be unauthorised absences. 

 

We undertook a forensic examination going back a number of years to prove that the records of the employer were in fact incorrect. We also argued that the procedures were fairly fluid and our client had been working additional hours from home which should have been taken into account; and that the school had failed to properly specify the working from home arrangements within their disciplinary policy. 

 

We settled for an amount equivalent to approximately one year’s salary, along with a written statement of regret from the employer. This was despite our client having found new employment very shortly after the dismissal.  The feedback is as follows:

 

"It was a relief to know that Amit had read my case documents and could see clearly that my employers were wrong in their treatment of me."

DISMISSED FOR USING MOBILE PHONE AT WORK

Our client was dismissed for using his mobile telephone at work. We argued that other employees had used mobile phones within the workplace employees for many years, and it was therefore taken as a common and accepted practice within the workplace. We also identified discrepancies with the investigation and disciplinary process and brought a claim for unfair dismissal. 

 

The claim settled, without the need for any tribunal hearing, for an amount of in the region of three times that our client had lost during the brief period that he was unemployed.  Our client’s feedback is as follows: 

 

“Very quick to help with my claim and totally professional from our first phone call. Great communication and updates all the way through my case via email and post as well as a phone call if required. Totally great service. Everything was great all the information and updates were sent to straight away. Just keep up the excellent work that you and Emma do.”

DYSLEXIA AS A DISABILITY AND REASONABLE ADJUSTMENTS

Our client worked for a local authority and was dyslexic and was subjected to various criticisms in respect of her performance which ultimately led to her resigning. We argued that her employers failed to make reasonable adjustments in respect of providing appropriate auxillary aids, equipment, and working requirements which led to the perceived performance issues and resignation. Our firm also made the appropriate necessary adjustments in respect of taking instructions and ensured that the tribunal would also do the same. In any event, the matter settled for a very favourable sum without the need for a final tribunal hearing.

 

“This experience has not been easy for me due to the nature of my case, however, the team at Atkinson Rose have created a service where I was free to make contact with any questions or problems I had. It was evident that they had taken the time to fully understand my case and even me as their client. I would fully recommend their services, no matter what your need is. They have proved themselves as a competent and reliable company. Thank you very much for all your support.”

EMPLOYED FOR LESS THAN 2 YEARS, HARASSMENT BASED ON RACE

Our client was employed by an IT company where senior members of staff used offensive, derogatory and racist language. She eventually resigned due to the behaviour and we bought claims of discrimination and harassment not only against the company, but also against the individuals who engaged in the discriminatory behaviour. We achieved a very favourable outcome without the need for any tribunal hearing.

“This was a very stressful time for me and I do not like confrontation so I really appreciated Amit understanding that I felt out of my comfort zone when it came to the legal process and the possibility of going before a tribunal. He took control and negotiated a settlement on my behalf without me having to keep reliving the whole ordeal. Thank you Amit”

EMPLOYED FOR LESS THAN 2 YEARS. WHISTLEBLOWING

Our client was employed by a nursery for less than two years and, as such, had been turned away by previous law firms who were unwilling to assist. She injured herself at work and was dismissed allegedly due to the time off taken to nurse the injuries sustained. We took the position that the dismissal was in part due to the complaints about the accident which amounted to whistleblowing. The case settled on favourable terms which allowed our client to continue to pursue a personal injury action despite having obtained a sum for financial losses arising from the dismissal.

 

“I am very grateful for the services provided by Amit Patel and his team. They were extremely helpful from day one when nobody else seemed to want to help. My case was a tricky one as I was on my probation period when being dismissed and this meant the laws did not apply, however, Amit understood my dilemma and found a way to help. They went the extra mile at all times, even maintaining communications out of hours to ensure we were on top of everything.

 

Amit Patel is definitely somebody who has a true passion for helping people and he will be my first point of contact in the future in regards to any legal issue”

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