Employee awarded £25,000 after colleague said “everyone is sick of you”

A disabled NHS nursing assistant has been awarded just over £25,000 after an employment tribunal ruled that a colleague’s comment that “everyone is sick of you” amounted to disability-related harassment.

The remark was made after the nursing assistant asked for help with her workload following a disability-related medical appointment. The tribunal found the comment had a lasting negative impact on her mental health, creating a humiliating and degrading environment. The nursing assistant, who had multiple disabilities including autism, ADHD, anxiety, and physical conditions, took the comment literally and believed it reflected the views of her wider team.

Although she reported the incident immediately, the tribunal found no evidence that her employer took meaningful action. The employee later suffered panic attacks, went off sick with work-related stress, and said she had been living with the impact of the comment for months.

The Employment Judge upheld claims of harassment related to disability and failure to make reasonable adjustments, awarding £24,634 for injury to feelings and £851 for financial loss.

The tribunal also criticised the employer for repeatedly failing to implement recommended reasonable adjustments, such as better shift planning, reduced physical demands, and reliable access to toilet facilities, noting these measures were practical, low-cost, and would have reduced stress.

This case highlights that employers are legally responsible for harassment by employees and must take active steps to prevent and address it. With employer liability for harassment due to expand from October, the ruling serves as a warning for organisations to improve training, reporting processes, and standards of behaviour.

Contact 121 HR Solutions should you have a sensitive situation within the workplace and require support on 0800 9995 121.

Employee awarded £25,000 after colleague said “everyone is sick of you”

121 HR Solutions Ltd