
This case concerns the harassment of a disabled employee who overheard a vulgar rant by his manager after he accidentally pocket-dialled him. During the conversation the manager described the claimant as a “bull shitter,” criticised him and stated if the job had been assigned to an able bodied team then the job would have been completed.
The claimant suffers from muscular dystrophy, a disability recognised for the purposes of the Equality Act 2010 (N.B. the Disability Discrimination Act 1995 applies in Northern Ireland). He brought claims for victimisation, failure to make reasonable adjustments and harassment.
The tribunal dismissed the claims for victimisation and failure to make reasonable adjustments but upheld the claim for harassment. The tribunal concluded the respondent engaged in unwanted conduct on the dates alleged and that the unwanted conduct quite clearly related to the claimant’s protected characteristic of disability.
The tribunal held that the derogatory terms used to describe the claimant and how he was compared unfavourably to an “able bodied” team member was both a violation of his dignity and created a degrading and humiliating environment for him.
BT was ordered to pay the claimant £8,131.31 compensation for harassment.
https://assets.publishing.service.gov.uk/media/5bc58d0ee5274a362782f038/Mr_P_Tribe_v_British_Telecommunications_Plc_2601449.2017.final.pdf
Continue reading
We help hundreds of people like you understand how the latest changes in employment law impact your business.
Please log in to view the full article.
What you'll get:
- Help understand the ramifications of each important case from NI, GB and Europe
- Ensure your organisation's policies and procedures are fully compliant with NI law
- 24/7 access to all the content in the Legal Island Vault for research case law and HR issues
- Receive free preliminary advice on workplace issues from the employment team
Already a subscriber? Log in now or start a free trial