Return to Sender! A reminder of the importance to respect employees’ wishes

This is a cautionary tale about the importance of listening to your audience and recognising that good actions do not always portray good intentions.

When Ms Toure received a birthday card from her employer, this kind gesture did not mask the lack of personal boundaries, disrespect, and harassment.

Background

Ms Toure, a French national of African origin and a Muslim, began working at HMRC as a customer service consultant in October 2019. Due to the Covid-19 pandemic, she worked remotely from March 2020 onwards. In July, Ms Toure emailed her manager, Mr Henderson, stating that she felt discriminated against by other colleagues due to her race and her accent. Mr Henderson did not acknowledge this complaint.

In August, Mr Henderson mentioned Ms Toure’s birthday in a team meeting as he had a practice of keeping a list with team member’s birthdays. Ms Toure appreciated the gesture but informed Mr Henderson that she did not celebrate her birthday and wished to be removed from the list. He apologised and complied.

Grievances

In September, Ms Toure filed an informal complaint on the basis that she felt excluded from training opportunities that her colleagues were receiving. In November, she filed a formal grievance outlining multiple allegations against multiple colleagues.

As a result, she was transferred to a different HMRC office on a temporary basis for six months. She was informed that she could become permeant if she withdrew her grievance.

Health Issues

In June 2021, Ms Toure was experiencing symptoms because of a tumour affecting her pituitary gland. These symptoms included stress, migraines, weight loss, lack of sleep, and a low mood.

Due to this, she went on sick leave on 30 June and made it clear to her colleagues that she wished for communication to be kept to a minimum. Despite this, she received multiple emails each day and she was sent a birthday card. 
In November, Ms Toure was informed that Mr Brazier, a High Officer , wanted to take formal steps regarding her sickness absence and wanted to refer her to occupational health.

Tribunal 

Ms Toure raised more than 20 claims of harassment, discrimination, and victimisation. She was successful in 10 of these claims, which included:

• Harassment on the basis that she was contacted repeatedly whilst on sick leave;
• Racial harassment due to her complaints being ignored and her transfer being conditional on the withdrawal of her grievance;
• Disability harassment after HMRC dismissed her complaints in the belief that they were due to the medication that she was taking; and
• Disability discrimination because of the threat of formal action whilst she was on sick leave.

Judge Leith held that the repeated contact that Ms Toure was experiencing whilst she was off sick was unwanted conduct and this amounted to harassment. He added that “The Respondent’s duty of care would on the face of it have been more effectively observed by complying with her expressed wishes”.

Ms Toure was awarded:

• £20,000 in respect of injury to feelings
• £5,251.62 in respect of interest

Analysis

Whilst this case has a catchy headline with heavy emphasis on Ms Toure receiving such a significant sum over ‘receiving a birthday card’, this is a minor aspect in the repeated harassment that she was experiencing. 

This case signifies the importance on employers to uphold their duty of care to their employees in respecting and complying with their wishes, especially whilst they are absent from work due to personal reasons such as sickness.

It also highlights the obligation of employers to take complaints seriously. Failing to address these complaints, or respect an employee’s health needs, runs the risk of legal repercussions. 
Employers should investigate any complaints raised to ensure that they are doing right by their employees and fostering an inclusive, respectful and professional workplace environment. Furthermore, it is fundamental that employers are respecting the expressed wishes of their employees whilst they are on sick leave and ensure that they are not making this time anymore stressful on the employee. 

Our experienced employment lawyers can help ensure your organisation’s policies are up to date and compliant. 

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