A Lovell v National Highways Limited

A Lovell v National Highways Limited

The tribunal found that giving the claimant a level 5 appraisal score in June 2022 and certain comments by her line manager constituted unfavourable treatment and harassment arising from disability, and were not objectively justified. Other complaints of unfavourable treatment and harassment failed as the respondent's actions were proportionate and justified by legitimate aims.

Parties
Claimant: Ms A Lovell; Respondent: National Highways Limited
Jurisdiction
England and Wales
Judgment Date
19 September 2025
Procedural Posture
Employment Tribunal / Final Judgment After Hearing
Outcome
Partially successful for claimant
Legal Topics
Disability Discrimination, Harassment, Reasonable Adjustments, Performance Management, Compensation for Injury to Feelings
Employment Law Equality Law Disability Discrimination Harassment Reasonable Adjustments Performance Management Compensation for Injury to Feelings

Case Brief

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Parties

Ms A Lovell

Claimant

National Highways Limited

Respondent

Procedural Posture

Employment Tribunal / Final Judgment After Hearing

Legal Issues

  1. 1 Whether unfavourable treatment arose from disability under s.15 Equality Act 2010
  2. 2 Whether harassment related to disability occurred under s.26 Equality Act 2010
  3. 3 Whether treatment was a proportionate means of achieving a legitimate aim

Ratio Decidendi

The tribunal found that giving the claimant a level 5 appraisal score in June 2022 and certain comments by her line manager constituted unfavourable treatment and harassment arising from disability, and were not objectively justified. Other complaints of unfavourable treatment and harassment failed as the respondent's actions were proportionate and justified by legitimate aims.

Court Disposition

Partially successful for claimant

Orders

  • Compensation for injury to feelings awarded: £2,360.00
  • Interest awarded at 8% on £1,500.00 from 04.05.2022 to 04.06.2025