College ordered to pay £177,000 after disability harassment and false racism allegations
An employment tribunal has awarded more than £177,000 to a college lecturer after finding that she was subjected to disability related harassment and that a colleague fabricated allegations that she had made racist remarks about a student. The tribunal was highly critical not only of the conduct itself, but also of how the employer handled the situation once concerns were raised.
The lecturer worked at the college for several years and was found to be disabled for the purposes of the Equality Act 2010. The tribunal accepted evidence that she had Autism Spectrum Disorder, severe post-traumatic stress disorder and ADHD.
The case centred on a series of incidents involving a colleague. In one instance, the tribunal found that the colleague mocked the lecturer’s disabilities by tapping her head to suggest she had “mental problems”. The tribunal rejected any suggestion that this was harmless workplace banter. It concluded that the gesture was a pointed reference to the lecturer’s mental health, was unwanted, and was intended to generate laughter at her expense.
More seriously, the tribunal found that the colleague fabricated a claim that the lecturer had made racist remarks about a student’s background. The tribunal accepted that the allegation was entirely false, but that it nevertheless led to a formal complaint being raised and to rumours circulating that the lecturer was racist. The tribunal described this as a deliberate fabrication which caused significant harm to the lecturer’s reputation and wellbeing.
The tribunal also examined how the employer responded once these issues came to light. Although an investigation into the student complaint had been carried out, the investigation report and supporting evidence were not disclosed during the tribunal proceedings. The tribunal drew an adverse inference from this failure and criticised the lack of transparency around the handling of evidence.
The tribunal noted that recordings made by a student during classes were available and accepted that they had not been edited. However, it found that the grievance investigator had not interviewed student witnesses and had reached conclusions without listening to those recordings.
This undermined confidence in the robustness of the grievance process and highlighted the importance of identifying and securing all relevant evidence at an early stage.
The tribunal awarded compensation for past and future loss of earnings, injury to feelings, personal injury, interest and a grossing-up sum, bringing the total award to £177,157.28. It also made an award of aggravated damages, citing the deliberate and public nature of the harassment and the employer’s failure to take action against those responsible, even after the tribunal had issued its liability judgment.
For employers, this case is a stark reminder that harassment linked to disability can take many forms, including gestures, mockery and false allegations. It also highlights the importance of conducting thorough, evidence-led investigations and taking decisive action when wrongdoing is established. Failing to do so can significantly increase financial exposure and cause lasting damage to trust, morale and organisational credibility.
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