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A bar worker who lost her job after she suffered an asthma attack on a busy night in a hot and smoky bar has been awarded almost 6,000 after winning her disability discrimination and unfair dismissal claim.

Carly Simpson, became stressed and felt unwell while working in Patrick's Bar in Perth on a Saturday night, a Dundee employment tribunal heard.

She went outside for air and the manager found her wheezing. She was able to return to work and completed her shift, but the following week she noticed her name was not on the rota.

Miss Simpson told the tribunal that when she asked why, the manager explained he had been alarmed at her asthma attack and was concerned he would not be able to help her.

He suggested it might be better if she found another job in a different type of employment. She became upset and the manager walked away. She believed the meeting was over and left.

The manager told the tribunal he said he wanted her to consider moving back to working in the bar's coffee shop with a view to managing it. He said his discussion with Miss Simpson had been interrupted when he attended to a customer. When he returned she had gone.

But the tribunal preferred Miss Simpson's version of events and awarded her 3,000 for injury to her feelings, 150 interest and a further 2,790 compensation for her unfair dismissal on the grounds of her disability.


Discriminating against someone on the grounds of their disability is unlawful and can have considerable consequences; Employment Tribunals can award unlimited compensation for loss of earnings and injury to feelings in the case of certain discrimination claims.

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