Borough ordered to pay £35k to agency worker for disability discrimination

A London borough has been ordered to pay more than £35,000 to an agency worker who claimed disability discrimination and unfair dismissal.

In Ms Corinda Pegg v London Borough of Camden, the claimant – whose case was funded by the Equality and Human Rights Commission – was dismissed after 44 weeks due to absences caused by depression.

Having suffered a series of bereavements, Pegg had been absent from work for a week while receiving mental health residential care.

When she returned to work, she was sometimes late. She explained to her manager that this was a result of her disability.

Two months later, Pegg suffered a panic attack and was admitted to hospital. Over the next fortnight she received medical care at home.

However, her employment was terminated over the telephone on the grounds of poor attendance and punctuality.

It emerged that despite her request for confidentiality, Pegg's medical condition had been openly discussed with a colleague.

Data from work emails also suggested that discussions about terminating her employment had begun before requests were made for further information about the reasons for her absence.

The Equality and Human Rights Commission funded the case to the Employment Appeal Tribunal, which examined the issue of whether equality law protected agency workers from being discriminated against by an organisation they are supplied to.

The case came under the Disability Discrimination Act – rather than the Equality Act 2010 – as this was the law applying at the time of the initial action.

The judge concluded that as Ms Pegg was under an obligation to work for the council, Camden was subject to a legal duty not to discriminate.

The case returned to the Employment Tribunal and the claimant was awarded £35,892.08.

Wendy Hewitt, deputy director legal at the Commission, said: “There was an urgent need to clarify the legal status of agency workers who have been discriminated against, given the increase in this type of working arrangement.

"This case clarifies that agency workers are entitled to the same degree of protection from discrimination at their place of work as permanent employees."