Mrs N Weller v Wessex Broadcasting Ltd — 2019

Mrs Weller worked for Wessex Broadcasting Ltd from February 2014 and was diagnosed with Crohn’s disease shortly after starting, which the Company accepted made her disabled. She later complained about disability discrimination, and the tribunal noted that on 4 December 2017 the parties entered into a settlement agreement dealing with claims including disability discrimination and that she left the Company.

After Mrs Weller began working for Lifestyle Media in early 2018, Ms McManus informed Mr Simmonds of that fact. On 14 March 2018 Mr Simmonds sent an email stating that, save for limited exceptions, the Company would no longer deal with agencies but only with clients direct. The tribunal found that Mr Simmonds knew of Mrs Weller’s earlier discrimination complaint, did not accept his evidence that he was unaware of it, and concluded that the real reason for the March 2018 email was the allegation of discrimination made against him. The tribunal therefore upheld the victimisation claim under section 27 of the Equality Act 2010.

The alternative harassment claim failed. Although the tribunal found the conduct was unwanted and related to disability, it was not satisfied that the purpose or effect test for harassment under section 26 of the Equality Act 2010 was met, and Mrs Weller had not given evidence that it had that effect.

On remedy, the tribunal rejected the claim for about £4,000 lost commission because the evidence was too uncertain to support an award. It accepted Mrs Weller’s evidence on injury to feelings, finding that the impact on her career, reputation, health and confidence was serious and long-lasting, and awarded £20,000 for injury to feelings plus £2,400 interest at 8% for eighteen months, giving a total award of £22,400.