Employer ordered to pay £25,000 after disability-related harassment finding
An employment tribunal has awarded more than £25,000 to an NHS nursing assistant after finding that a colleague’s remark that “everyone is sick of you” amounted to harassment related to disability. The tribunal was also highly critical of the employer’s failure to respond effectively once the issue was reported.
The employee had worked as a district nursing assistant for several years and remained employed at the time of the hearing. The employer accepted that she was disabled for the purposes of the Equality Act 2010, with a range of conditions including autism, ADHD, anxiety, depression, dyslexia, a connective tissue disorder, hearing impairment and bladder dysfunction.
The incident occurred after the employee attended a pre-approved medical appointment linked to her disability, which required her to leave work early. After telling a colleague that she might need help completing one of her visits that day, she received a phone call from another colleague who, the tribunal found, spoke aggressively and told her that “everyone was sick of” her.
The tribunal accepted that the remark had a profound and lasting impact. The employee was described as distraught following the call and reported it immediately to management. However, there was no evidence that any meaningful action was taken in response. Because of her autism, the tribunal accepted that she was likely to interpret the comment literally and believed it reflected the views of the wider team.
The employee said the remark made her feel useless and worthless and led to panic attacks and physical symptoms of stress. Several months later, she experienced a panic attack at work that was witnessed by colleagues and went off sick with work-related stress. She remained absent for an extended period and later explained that she had been living with the impact of the comment ever since it was made.
In upholding the harassment claim, the tribunal rejected any suggestion that the remark was trivial or insignificant. It found that the comment was unwanted conduct related to disability, arising directly from the employee asking for help after a disability-related medical appointment.
The tribunal concluded that the conduct had the effect of violating her dignity and creating a degrading and humiliating working environment. Importantly, the tribunal emphasised that harassment does not depend on intent; what matters is the effect of the conduct and whether it was reasonable for it to have that effect.
The tribunal also upheld a claim for failure to make reasonable adjustments. It found that the employer had repeatedly failed to implement recommendations made by occupational health and medical specialists. These included practical measures such as allowing adequate time to plan shifts, avoiding consecutive timed visits, ensuring access to toilet facilities, reducing physically demanding tasks, providing quieter seating arrangements and adjusting how work was allocated. The tribunal found these adjustments were practicable, low-cost and involved limited disruption, yet their absence contributed to ongoing stress and anxiety.
While a separate claim of discrimination arising from disability was dismissed, the tribunal awarded £24,634 for injury to feelings and £851 for financial loss, bringing the total award to more than £25,000.
This case is a reminder that employers can be held legally responsible for harassment carried out by colleagues in the course of their work. It also highlights the importance of responding promptly and effectively when concerns are raised, particularly where disability is involved. Ignoring or minimising complaints can allow harm to escalate and significantly increase legal risk.
For employers, the key lessons are clear. Managers need to be trained to recognise disability-related issues, respond appropriately when concerns are reported and ensure reasonable adjustments are implemented in practice. With employer duties around preventing harassment continuing to expand, taking proactive steps now is essential to reduce risk and support a respectful, inclusive workplace.
Contact us at enquiries@121hrsolutions.co.uk and we can discuss and further queries you may have on this subject.
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