• Robert Spicer

Disability discrimination: cancer and depression: £15,000 for injury to feelings

DISABILITY DISCRIMINATION

Harassment

Case Harris v John (2016) Eq Opp Rev 272:28, Bristol ET

Facts Ms H was disabled by reason of breast cancer and depression. Her employer went ahead with a grievance hearing with undue haste, followed by disciplinary proceedings at short notice. The ET found that this put Ms H at a substantial disadvantage. At the disciplinary hearing it was suggested that Ms H did not have cancer and that her double mastectomy had been elective. This was harassment.

Award: £15,000 for injury to feelings. The comment about Ms Hs cancer had been egregious and intentional and was insult added to injury.

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