Telling colleague, you let us down, is harassment

Telling a Sick Colleague 'You Let Us Down' Constitutes Harassment, Tribunal Rules

A design and technology teacher, Annika Robinson, was awarded £137,112 in compensation after a tribunal found that comments made by her manager following her medical absences were offensive and discriminatory.

Employment Judge Adam Partington said that expressing disappointment about a colleague’s absence could be considered “offensive” and fall within the scope of harassment under the Equality Act.

The tribunal in Watford heard that Ms Robinson, employed at Southgate School in Enfield under the Middlesex Learning Trust, took around five months off work following a surgical discectomy. After returning, she later required another period of sick leave due to migraines.

During a meeting with six members of staff, senior deputy head Paul Ferrie told Ms Robinson she had “let her colleagues down and her students down” by being absent. He also remarked that her return coincided with the point at which she was due to move to half pay and that she had gone off sick again shortly after resuming work.

Ms Robinson had joined the school in September 2020 on a 12-month contract worth £47,600. She was off work from October 2020 to March 2021 due to her back operation. In early 2021, the trust decided not to renew her contract, citing reduced teaching hours in her department.

Her contract ended in August 2021, after which she brought claims of disability harassment, disability discrimination, and failure to make reasonable adjustments. The tribunal upheld her complaints, finding that her employer had failed to recognise her as disabled and had treated her unfavourably because of her condition.

This article is for general information and interest purposes only and is not intended to provide legal advice, nor does it necessarily represent the views of HCB.