4 minute read
A vehicle hire company found itself in a complex and distressing situation when an employee accused the organisation of unfairly dismissing him on the grounds of disability discrimination.
The company was shocked and saddened by the unfounded claim as it rigorously enacts policies which adhere to the Equalities Act 2010. The business prides itself on providing an inclusive working environment for all.
Upon receipt of the claim form, the business sought legal advice from McCartan Turkington Breen. They had an initial consultation with a solicitor in our employment department who provided initial advice on time limits and organised a joint consultation for the employer and relevant staff to discuss the issues in question. The goal was to provide a unified and strong rebuttal of the allegations.
Each staff member involved had to provide substantial witness testimony to rebut the unfounded allegations. This process was not only distressing but also caused a backlog in their jobs, increasing anxiety and impacting their ability to perform their roles effectively.
Cormac Rice, the Solicitor with conduct of the matter then engaged with specialist employment Counsel to provide robust Grounds of Defence to the claim. They meticulously attended to all case management issues, including the provision of discovery, financial loss, witness evidence, bundle preparation and hearing preparation.
Throughout the matter, Cormac ensured that the client received substantial communication and was clear on the points in dispute. He personally attended the client before and at the hearing to determine the matter, with expert employment Counsel retained to defend against the claimant.
The Claimant chose to act as a “litigant in person,” meaning he represented himself without the assistance of a solicitor or barrister. This situation presented unique challenges for us, as it required a greater degree of care in several areas:
The approach taken by McCartan Turkington Breen ensured that the legal process was fair and that the Claimant was not disadvantaged by his lack of professional legal representation. It also reflected our commitment to ethical practice and the principles of justice whilst ensuring no further claims of unfairness could be brought up.
The hearing, initially listed for 5 days, was unilaterally withdrawn by the Claimant after just one day due to the deterioration of his evidence following expert cross-examination by the client’s Counsel.
The Claimant withdrew his claim and agreed to its immediate dismissal – the best outcome possible for the client. Our client defended its position robustly from the start of the matter to the ultimate conclusion, sending a clear message that no financial settlement would be forthcoming in the event of a cause of action without merit being pursued.
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