An NHS employee has been awarded nearly £29,000 in compensation after being likened to Star Wars villain Darth Vader by colleagues in what an employment tribunal described as a workplace “detriment”.
Background
Lorna Rooke, worked for NHS Blood and Transplant. She became the subject of a Star Wars-themed Myers-Briggs personality test without her knowledge. While she was out of the room, a colleague completed the questionnaire on her behalf and shared the result with the team—labelling her personality type as “Darth Vader.”
Although the character was described in the test as a “very focused individual who brings the team together,” Employment Judge Kathryn Ramsden found this interpretation unconvincing. She noted that Darth Vader is widely known as “a legendary villain of the Star Wars series,” and being aligned with his personality could understandably be seen as “insulting.”
The Darth Vader incident was one of several factors contributing to Rooke’s resignation in 2021. She also brought multiple claims against the NHS, including unfair dismissal, disability discrimination, and failure to make reasonable adjustments.
Tribunal’s Findings
Although the Tribunal did not accept Rooke’s claim that this incident led to her resignation the following month, it did find that the situation negatively impacted her as the incident caused Rooke to suffer a “detriment” (that being a harmful or negative impact). It concluded that being associated with a notorious villain in a public way, based on another person’s perception, would likely cause distress.
The Judge emphasised that, because the test was not completed by Rooke herself but by a colleague, and then shared with others, it was “little wonder” she found it upsetting. The situation left her feeling “unpopular,” and contributed to her low mood and anxiety.
However, only her claim for suffering a detriment following a protected disclosure was upheld. The other claims filed were rejected.
Key Takeaway’s
It is important to remember how informal workplace behaviour can have unintended consequences. Employers must be aware that seemingly light-hearted jokes, such as themed personality tests may result in harm when conducted insensitively or without consent.
If you are an employer or employee affected by the above issue and want advice or support in connection with the same, or any employment law or HR issues more generally, please do not hesitate to contact us on 01206 239761.
