Employee awarded £11,000 after being removed from a social media post while on sick leave

An employment tribunal has awarded more than £11,000 to a retail manager after finding that his exclusion from a workplace social media post amounted to unfavourable treatment linked to disability.

The case centred on a long-serving store manager who was absent from work due to anxiety. During his absence, a regional manager published a post on LinkedIn and an internal platform celebrating male leaders across the business. The post included photographs and recognition of several managers, but not him.

The omission did not go unnoticed. Colleagues and contacts who saw the post questioned why he had been excluded, leading to speculation about whether he had left the organisation. The tribunal accepted that this caused him distress and worsened his mental health during an already difficult period.

The employer argued that the exclusion was not intended to cause harm. It was suggested that the manager believed the employee did not wish to be contacted during sick leave and that no photograph was available. However, the tribunal found that the decision not to include him was a conscious one.

In its findings, the tribunal concluded that this amounted to unfavourable treatment arising from disability. It also upheld a claim of harassment related to disability, noting the impact the omission had on the employee’s dignity and wellbeing.

The tribunal awarded compensation totalling £11,852, including £7,500 for injury to feelings.

This case highlights a risk area that is often overlooked. Workplace communications, including internal announcements, recognition posts and social media content, can have legal implications where employees are excluded because of sickness absence or underlying health conditions.

From an employer perspective, the issue is not whether there was an intention to discriminate, but whether the treatment is linked to something arising from disability and whether it can be objectively justified. In this case, the tribunal was clear that the reasoning did not justify the outcome.

The case also serves as a reminder that employees on sick leave remain part of the organisation. Decisions about visibility, communication and inclusion during absence should be handled carefully. Assumptions about whether someone wants to be contacted can lead to unintended but legally significant consequences.

For employers, the practical takeaway is to apply consistency and careful judgment in all forms of communication, not just formal HR processes. Informal decisions, particularly those made during periods of absence, can carry the same level of scrutiny as formal decisions if they disadvantage an employee because of their health. Contact us at enquiries@121hrsolutions.co.uk and we can discuss any further queries you may have on this subject.

Employee awarded £11,000 after being removed from a social media post while on sick leave

121 HR Solutions Ltd