Background
Annika Robinson, a design and technology teacher at Southgate School in Enfield, joined on a 12‑month fixed‑term contract in September 2020.
Shortly after starting, Robinson contracted COVID‑19 and was signed off with sciatica. In November 2020 she underwent surgery, resulting in a 5-month absence.
Ms Robinson returned in March 2021 on a phased basis but soon required further sick leave due to severe migraines. Despite her request, the school failed to refer her to Occupational Health for support with her migraines.
Ms Robinson’s role was initially labelled as a temporary position, pending recruitment of a permanent postholder. In the summer term, the school decided not to renew her contract due to her prolonged absence.
Robinson therefore brought claims of disability discrimination, harassment, and failure to make reasonable adjustments against the trust.
Tribunal Findings
Robinson was awarded £137,112 for the reasons set out below:
Harassment Related to Disability
The tribunal found that Robinson was subjected to unwanted and inappropriate comments during an attendance management meeting. During the meeting, the senior deputy headteacher told the Claimant that she had “let her colleagues down and her students down” by being off sick.
The headteacher also suggested it was “easy to be cynical” about the timing of her return from back surgery, implying she came back only because she was about to drop to half pay.
This meeting was also attended by six senior staff, which the Tribunal found to be an “excessive and intimidating” number.
The tribunal ruled these incidents as harassment related to disability.
Unfavourable Treatment Arising from Disability
The tribunal also concluded that Ms Robinson’s contract would likely have been made permanent had she not been absent due to her disabilities.
The teaching observation required for confirmation of a full-time role did not take place solely because of her illness.
The decision not to renew her contract therefore amounted to unfavourable treatment arising from disability.
Failure to Make Reasonable Adjustments
The school also failed to make an Occupational Health referral for Robinson’s migraine condition, despite her explicit request.
This was found to be a breach of the duty to make reasonable adjustments.
Key Takeaways for Employers
- Employers should be careful about the comments they make about employee’s sickness absences as this can amount to harassment. Criticising an employee for a disability‑related absence can be linked to violating an employee’s dignity and create a hostile environment.
- Conducting unnecessarily large or intimidating absence or attendance management meetings can also be considered discriminatory and contribute to harassment if the reasons for absences are due to a disability.
- Fixed‑term contracts do not shield employers from discrimination claims. If an employee would likely have been made permanent but for their disability‑related absence, failing to renew the contract may be unlawful.
- Ignoring requests for Occupational Health support can amount to discriminatory treatment. It is therefore important for employers to take reasonable adjustment requests seriously.
- In this case, the tribunal recommended disability awareness training be given to staff. Employers should therefore equip managers to handle sickness absences lawfully and sensitively.
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.
