This case involved an allegation by the complainant that she was treated less favourably and dismissed on the grounds of disability. She also claimed that she had been victimised by M.K. Human Resources Limited (the Agency) for previously referring a complaint. The complainant had been on long-term placement with DHL since December 2010 before going on sick leave on the 5th February 2013. She was certified as fit to return to work from the 3rd June 2013 but was not facilitated with a placement in DHL again.

Both respondents claimed that this was due to a reduced demand for agency workers at the time, and that the complainant was not dismissed by the Agency until her resignation in January