Disabled employee awarded £9k after manager stated flexi-work request was ridiculous

A court usher was awarded £9,480 by an employment tribunal after it found that she had been victimised by her managers for raising concerns about disability discrimination and workplace adjustments.

The employee had antiphospholipid syndrome (APS) and required regular blood-monitoring appointments and other medical support.   She requested workplace adjustments, including flexibility around medical appointments, and challenged an attendance warning and alleged discrimination.

In March 2024, her manager disputed her use of flexitime for blood tests. When she argued that, because of her disability, she had to spend more of her own time than a non-disabled employee, her manager said: “You’re not owed anything because of being poorly.”

The tribunal accepted the court ushers account of the comment and found it amounted to victimisation, partly because she had previously raised disability-related complaints.

An award of £8,000 for injury to feelings plus £1,480 interest was given.  The tribunal did not find that every issue raised amounted to discrimination. It specifically upheld two victimisation claims, finding that management comments and attitudes towards her disability complaints caused her a legally actionable detriment.

This case provides further evidence that managers should receive sufficient guidance support and training on how to handle such sensitive matters.  Contact one of our CIPD qualified Consultants on 0800 9995 121 to discuss.