Croner Tribunal Case: Disability discrimination and unfair dismissal – What SME employers must learn

A recent Employment Tribunal case (“The Croner Tribunal Case”) involving Croner-i Ltd has sparked concern for UK employers relying on outsourced HR advice. In Mrs E Neal v Croner-i Ltd (2603354/2021), the Tribunal found that Croner had discriminated against a disabled employee and unfairly dismissed her—highlighting significant procedural failures in handling workplace adjustments and dismissal.

What happened in the Croner Tribunal case?

Mrs Neal disclosed a hearing impairment and requested support. Instead of engaging in any meaningful consultation, her employer:

• Failed to explore reasonable adjustments or occupational health referrals
• Provided limited support before placing her on a performance improvement plan
• Dismissed her after minimal consideration of her health condition

The Tribunal found that her dismissal was both unfair and discriminatory, with Croner’s process lacking empathy, documentation, and procedural rigour.

Why this matters to SME employers

If a well-known HR advisory company like Croner can make these mistakes, it raises real questions for SMEs about:

• The quality and risk associated with “scripted” or generic HR advice
• The legal liability that still sits with the employer, even when outsourcing HR
• The importance of tailored, well-documented HR procedures

Key takeaways for employers

1. Disability discrimination can be indirect or overlooked
Not responding to health disclosures appropriately can breach the Equality Act—even if intentions are good.

2. Reasonable adjustments must be explored, not assumed
Employers must consult, assess, and document every stage.

3. A flawed dismissal process can be costly
Especially when health conditions are in play. One misstep may lead to tribunal and reputational damage.