The Employment Appeal Tribunal (EAT) awarded more than 1 million in Wainwright v Cennox plc, after finding that the employer’s poor handling of absence and disability issues amounted to discrimination and constructive dismissal. This case stands as a clear reminder to employers of the serious legal and financial consequences that can arise from getting absence management wrong, particularly where disability is involved.
Ms Wainwright was employed by Cennox plc for nearly 17 years, most recently as Head of Installations. She was diagnosed with breast cancer and took two periods of sick leave for treatment. During her absence, Cennox temporarily appointed a colleague to cover her role. When that individual was offered a position at a rival company, Cennox responded by offering her the permanent role of Head of Installations.
Cennox assumed there would be sufficient work for both employees to effectively share the role upon Ms Wainwright's return, but this assumption was not clearly documented or communicated. Ms Wainwright found out about the appointment via a LinkedIn post and contacted Cennox about it while on sick leave. She was incorrectly told that her role would remain unaffected. Later, she was sent a revised job description which she perceived as a demotion. She raised a grievance, which was poorly handled and significantly delayed, and ultimately resigned.
Ms Wainwright brought claims for disability discrimination and unfair constructive dismissal in the...
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