A disabled teacher has been awarded a six-figure payout after a co-worker told her she “let colleagues down” by taking sick leave for an operation.
Annika Robinson left school for five months following treatment on her back and took another period of absence shortly afterwards.
The design and technology tutor at Southgate School in Enfield, north London branded the comments “extremely disrespectful” and took the matter to tribunal.
Now Robinson has been awarded £140,000 in damages after winning complaints of harassment relating to disability.
Watford Tribunal Court was told that Miss Robinson started working for the Middlesex Learning Trust-run institution in September 2020 on a 12-month contract.
In October that year, Miss Robinson took sick leave after contracting COVID-19 and provided a fit note for absence due to sciatica.
The following month, Miss Robinson underwent surgical discectomy and returned to the office in March 2021.
Following a review, the trust decided that Miss Robinson's contract should not be renewed at the end of the academic year.
In April, Miss Robinson was on a phased return to work but she started sickness absence due to migraines.
She was then invited to a meeting with six members of staff when she was told she had “let her colleagues down and her students down”.
Senior deputy head Paul Ferrie added: “Both students and colleagues have suffered as a result of (Miss Robinson's) absence.”
The headteacher is also said to have made a comment in which he said “that it would be easy to be cynical in that (Miss Robinson's) return to work from her back operation coincided with when she was due to go to half pay and that she returned to work for a few days before going off with ill health again”.
Miss Robinson sued for disability harassment, disability discrimination and failure to make reasonable adjustments.
Employment judge Mr Partington deemed Mr Ferrie’s comment to be unwanted conduct, saying: “We were not persuaded by (Mr Ferrie's) evidence that saying this provided a way into the conversation or was in some way to acknowledge the guilt (Miss Robinson) might be feeling about her absence.
“We find this statement to be unsympathetic and unnecessary and that it had the effect of violating (Miss Robinson’s) dignity or creating a hostile, degrading or offensive environment.
“Again, Miss Robinson's account of her reaction at the time we find to be genuine in light of the evidence of (Mr Ferrie) which noted (Miss Robinson's) distress, and that it prompted (Miss Robinson) to follow up in writing where she described the comments as 'extremely disrespectful' and 'disgusting'.
“We find that it was reasonable for (Miss Robinson) to have that perception given the nature of the language used and the circumstances in which it was used — namely (Miss Robinson's) absence arising from her disabilities.”
Miss Robinson won a claim of harassment in relation to this remark, the comment made by her headteacher and the fact that six people attended the meeting.
She also won claims for unfavourable treatment arising from disability, according to the Daily Mail.
The court recommended that the trust implements disability awareness training for its senior management staff.
Other claims made by Miss Robinson were dismissed.
