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Employment tribunals award disability discrimination payouts

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Employment tribunals award disability discrimination payouts
Key Points
  • Disability discrimination cases for ADHD and other conditions resulted in substantial payouts
  • Whistleblower David Low won compensation for raising food safety concerns at Pizza Hut
  • Other rulings covered unfair dismissal, holiday pay, equal pay, and misconduct dismissals

A former Lidl worker diagnosed with a fear of rejection will receive a £45,000 payout after successfully suing the retailer for unfair dismissal, according to multiple reports. Ryan Toghill was fired for gross misconduct after he was caught operating a forklift against the orders of his boss. A judge ruled the company failed to make adjustments for Mr Toghill's 'intense sensitivity' to rejection as a result of his ADHD, reports indicate. Mr Toghill was diagnosed with ADHD in May 2022 and, as part of his condition, is acutely affected by the impression of being rejected, harassed or criticised, the ruling stated. The specific adjustments requested by the Lidl worker and why the company failed to implement them have not been disclosed.

In a separate disability case, a police worker with ADHD has won a disability discrimination case because she was not given noise-cancelling headphones, multiple reports indicate. Donna Vale stands to receive £126,000 in compensation after tax and costs. A judge said it was 'unusual' she had a pair at home and that she had not raised the issue again, but said it did not 'undermine her case' as 'the duty to make reasonable adjustments is on the employer not the employee', according to reports. Avon and Somerset Police, her employer, has not publicly responded to the ruling.

A detailed whistleblower case emerged at a Pizza Hut outlet in Aberdeen, where former assistant manager David Low raised numerous hygiene violations. David Low, who was studying architecture at Robert Gordon’s University and hoped to pay his way through higher education by working for the firm, held positions at the outlet, the tribunal was told. Staff had access to an app called 'Hut Bot' developed by Pizza Hut, which required them to check the temperature of fridge freezers and the work table. David Low became concerned that actual temperature readings were not being taken and Hut Bot was filled in with inaccurate information, the tribunal was told.

David Low regularly raised issues about store management and hygiene rules not being followed with the firm's directors, and was anxious about becoming liable for poor practices if they led to food poisoning, according to research. On April 29 2024, David Low told his superiors he was going to step down as assistant manager. He wrote a report stating the Hut Bot target was 100% and the highest achieved over the last three weeks was 39%. David Low said an employee had got burnt in the restaurant and no first aid was administered, and noted that staff are entitled to a free meal after 6 hours work.

In April 2024, David Low became ill after eating some food in the store, and customers had telephoned indicating they felt unwell after eating meals supplied. He reported to bosses that cheese wedges had expired and had not been thrown out, and that an open bag of pork had been left under the preparation table overnight instead of being refrigerated. David Low's texts about these issues were seen by the company's directors. He complained about out of date salads, onions, tomatoes, mushrooms and peppers and said the 'make table wasn’t cleaned'.

By April/May 2024, a number of staff had not been given training in food handling, research indicates. Macaroni cheese had to be defrosted and used within 2 days, and David Low believed it was often used beyond this time to save it being thrown away. David Low said food was being defrosted in the oven, which breached safety regulations. David Low did not believe his employers were taking his complaints seriously, so he escalated his concerns with the franchise manager at Pizza Hut. David Low held positions at a Pizza Hut takeaway outlet on King Street in Aberdeen operated by Ultra Catering Ltd.

David Low secured more than £11,000 in compensation following an employment tribunal ruling. The tribunal ruled David Low was wrongfully dismissed for raising food safety concerns, and determined the dismissal constituted unfair treatment of a whistleblower. Whether the Pizza Hut outlet has addressed the food safety concerns he raised, and his current employment status, remain unknown.

In the restaurant industry, a Thai restaurant chef who worked for over 10 years was unfairly dismissed after allegations of serving floor-dropped food, with the Workplace Relations Commission awarding him €32,550 (£28,429), according to multiple reports. The Workplace Relations Commission ruled that Ecoco Asian Kitchen had wrongfully sacked chef Tommy Chee King Eng. A spokesperson for Ecoco Asian Kitchen said serious hygiene and food safety concerns had emerged in June 2025, shortly after the company had taken over running the restaurant. Whether these allegations were substantiated or investigated by authorities has not been confirmed.

A massive holiday pay award was granted to a real estate manager who accumulated a staggering 827 unpaid holiday days over 25 years, multiple reports indicate. The Watford Employment Tribunal ruled that Mr Ageli was owed £392,000 for the accrued holiday, dating back to 1998.

Tribunal rulings on misconduct dismissals included a warehouse worker sacked for faking a bad back after his boss found videos of him 'dancing' as a reggae DJ, who has won over £30,000 in compensation, according to multiple reports. The tribunal ruled that while he was 'moving rhythmically from foot to foot,' Mr Wilson was not 'in any meaningful sense, dancing.' In another case, a Nestle factory worker who was sacked after triggering a full production shutdown by allegedly vaping in a disabled toilet has won a £22,000 payout. A Nottingham employment tribunal ruled Nestle had no right to sack him for lying. Nestle has not publicly commented on the case.

Disability discrimination extended to a therapist with endometriosis and tendonitis who has won over £26,000 at an employment tribunal after she was fired for requesting ten-minute breaks between clients, multiple reports show. A tribunal panel found that the company failed to make reasonable adjustments for her disabilities. The employer's identity and response have not been disclosed.

Not all claims succeeded, as a personal trainer sacked by David Lloyd gyms after he was accused of sexual harassment has lost a wrongful dismissal claim and been handed a £17,000 bill, according to multiple reports. Employment Judge Victoria Wright described West as an 'evasive' and 'deflective' witness who appeared to have been coached.

In equal pay, a senior female Co-op executive has won £100,000 in a major equal pay case after she was unfairly paid less than her male colleagues, multiple reports indicate. An independent company found that her work was at the same level or higher than her male co-workers.

These cases reflect a growing trend of employment tribunal victories for workers across various sectors, highlighting increased legal scrutiny on workplace practices. The total number of employment tribunal cases reported across all sources and the overall trend in compensation awards for workplace injustices are not fully quantified, but the high-profile rulings suggest a shift toward stronger employee protections.

Reactions from employers have varied, with some like Ecoco Asian Kitchen citing operational concerns, while others like Lidl and Nestle have remained silent on specific rulings. The lack of public responses from employers in cases involving the police worker with ADHD, the Nestle factory worker, and the therapist with endometriosis and tendonitis leaves questions about corporate accountability.

Implications for workplace policies are significant, particularly regarding disability accommodations and whistleblower protections. Employers may need to enhance training on reasonable adjustments for conditions like ADHD and physical disabilities, and ensure robust procedures for handling hygiene and safety complaints. The rulings underscore that the duty to make reasonable adjustments rests with employers, not employees.

Unanswered questions persist beyond the specific adjustments in the Lidl case and the investigation into the Thai restaurant allegations. The current status of David Low and whether the Pizza Hut outlet has remedied the food safety issues he reported remain unclear, pointing to ongoing challenges in enforcing tribunal outcomes and ensuring workplace reforms.

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