Disabled employee described as ‘lively’ by manager wins discrimination and harassment claims
14 Feb 2020
Although the remark was not ‘ill-intentioned’ it still violated the worker’s dignity, tribunal rules
A customer service adviser for HMRC has won claims for discrimination and harassment on the basis of disability after she was described as “lively” by her line manager.
A Manchester employment tribunal (ET) upheld a complaint of discrimination and harassment brought by Stephanie Pemberton, who has rheumatoid arthritis, over a comment from her line manager that she “can become lively when there is a flare up” in her condition.
The ET noted, while the remark was “throwaway” and “not malicious or ill-intentioned,” it nonetheless had the effect of “violating Mrs Pemberton’s dignity or creating such an environment”, and HMRC was ordered to pay Pemberton £4,000 plus interest for injury to feelings. A number of other claims were dismissed.
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