A former children’s home worker is due a £185,000 payout after an employment tribunal ruled she had been wrongly sacked.

Dee Leigh had fought a disability harassment and discrimination case against Lancashire County Council after being dismissed from her assistant manager role at the Warwick Avenue home in Clayton-le-Moors.

County bosses told Ms Leigh in April 2021 she was being suspended because she could no longer perform physical restraints on home youngsters, where necessary, due to her physical limitations.

But the assistant manager, who had been a residential child care worker with the authority since 2003 and suffered with arthritis and spondylitis of the spine, insisted this had not been an issue before.

She had been exempted from taking part in physical restraints for three years by management and had also not participated, as an assistant manager, in ‘sleep-ins’ at the home, an employment tribunal heard.

Ms Leigh said when she was informed she was being suspended she was told she had to “leave the building immediately and not talk to other staff”.

The tribunal found that this had left her feeling “shocked, humiliated and embarrassed” by her treatment.

Colleagues were later told Ms Leigh would not be returning to the home.

Further occupational health assessments conducted by the county council found the claimant was unfit to perform the full range of her contractual duties.

Later Ms Leigh was informed she had been granted ill-health retirement – but under less favourable terms than she had been expecting due to her health problems – which came into effect by February 2022.

Ceri Widdett, for Ms Leigh, said her client had felt pressured to resign and accept ill-health retirement terms and her “dignity was violated”.

Elliott Stenson, for Lancashire County Council, argued the adjustments sought for the claimant would not be practicable as this would involve reallocating a significant proportion of her tasks on a permanent basis and still leave her exposed to risk.

The authority also denied it had created a hostile work environment for Ms Leigh.

Employment Judge Slater, who considered the matter, with two lay members, ruled in Ms Leigh’s favour on claims of harassment concerning the suspension of medical grounds, the failure to make reasonable adjustments and disability discrimination.

Further harassment claims were found not to be well-founded and an age discrimination claim was withdrawn by Ms Leigh.

On the handling of the claimant’s suspension, Judge Slater criticised the way she was told to leave the building without any contact with colleagues.

“The effect on the claimant went beyond mere upset. We accepted that she was shocked, humiliated and embarrassed by this treatment,” said the judge.

Judge Slater also said county council manager had failed to demonstrate why Ms Leigh’s physical limitations, relating to restraints, could be managed on a temporary but not permanent basis.

Ms Leigh was granted separate awards for personal injury, injury to feelings and loss of past and future earnings, totalling £184,542.

Speaking after the case, a spokesman for Lancashire County Council said: "The findings of tribunals are important to us and we have considered this judgement carefully in its entirety so that we can learn as an organisation.

"As an employer we are committed to providing an inclusive environment where equality and diversity are part of everything we do."