Teacher Wins £140k in Compensation for Discrimination

In Miss Annika Fay Robinson v Middlesex Learning Trust, a teacher has been awarded nearly £140,000 in compensation for discrimination after her fixed-term contract wasn’t renewed due to disability-related sickness absences. But for her disability, the tribunal believed she would have seen her role made permanent. Read on as we uncover what happened and discuss the tribunal’s judgment.

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The Facts in Miss Annika Fay Robinson v Middlesex Learning Trust

Background to the Compensation for Discrimination

Miss Annika Fay Robinson (“the Claimant”) began working as a teacher in the Design Technology department at Middlesex Learning Trust (“the Respondent”) on 1 September 2020. Initially, her employment came under a fixed-term contract, ceasing on 31 August 2021. While there was the possibility for this position to be made permanent, it wasn’t guaranteed.

Surgery, Sick Leave, and a Lost Opportunity for Permanency

The Claimant was referred to Occupational Health on 22 September 2020 following back pain. With the issue persisting, she took sick leave from 15 to 29 October. She then underwent surgery at the beginning of November and remained absent for the following months while she recovered.

Interestingly, at a curriculum review on 18 January 2021, the Respondent decided not to retain the Claimant beyond the end of her fixed-term contract. During proceedings, the Respondent argued that this decision was made due to curriculum changes, which reduced teaching demand in the Design Technology department.

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However, the tribunal noted that correspondence from 18 May 2020 stated her employment would potentially become permanent. Crucially, this was subject to a teaching observation, not the January 2021 review. The tribunal further clarified that it had been the Respondent’s intention to undertake this teaching observation in the first term. Unfortunately, it had been unable to do so because the Claimant was on sick leave. Had she not been unwell, the tribunal found no reason she wouldn’t have succeeded in her observation and therefore been offered a permanent job.

Compensation for Discrimination: Employment Tribunal Claims Brought 

On 22 January 2021, the Claimant received an email informing her that her fixed-term contract wouldn’t be renewed. She then began a phased work return on 19 April, but following migraines, she again took sick leave in May. This extended until 20 July, during which a sickness absence meeting took place.

The meeting occurred on 18 June, where it was stated that “Both students and colleagues have suffered as a result of [the Claimant’s] absence.” The Claimant was also told that she’d “let her colleagues and the students down.”

As had already been decided, the Claimant’s employment then ceased on 31 August. She subsequently commenced Acas early conciliation on 12 October before initiating employment tribunal proceedings on 17 November. Among other things, she claimed disability discrimination and harassment.

The Employment Tribunal’s Judgment

Following the proceedings, the employment tribunal considered the claim of discrimination arising from disability. It must first be noted, though, that in a previous hearing, the Claimant’s back issues and migraines were found to constitute a disability under the Equality Act 2010.

With this in mind, the tribunal established that the non-renewal of the Claimant’s fixed-term contract was unfavourable treatment. As mentioned above, the tribunal found a direct link between this and her disability, as the decision not to offer her a permanent role was made because of her absence, which in turn resulted from her back issues.

Had the Claimant been fit enough to work and had her observation, she would likely have been made permanent. In such circumstances, the Respondent would have been required to consider alternatives, like a redundancy procedure, to reduce the number of staff in the Design Technology department. Since it hadn’t taken such steps, the decision was ruled to be discrimination arising from disability.

While some of the other claims were unsuccessful and dismissed, the disability harassment claim was successful. One of the central arguments in this claim came from the sickness absence meeting, when the Respondent said, “Both students and colleagues have suffered as a result of [the Claimant’s] absence,” and told the Claimant that she’d “let her colleagues and the students down.” Here, the tribunal stated that the comments were “unsympathetic and unnecessary,” and had the effect of violating her dignity or creating an offensive environment for her.

Having succeeded with her disability discrimination and harassment claims, the Claimant was awarded £137,112 in compensation for discrimination in the workplace. Her remedy comprised loss of earnings, pension loss, and injury to feelings.

What to do if Someone Discriminates Against You?

If an individual experiences disability discrimination at work, they must act swiftly due to the strict time limits for bringing a claim. In the first instance, they should gather evidence of the unfavourable treatment faced and consider internal avenues. This could include having an informal chat with their manager or raising a formal grievance; the severity of the situation will likely determine the best course of action.

If this fails to provide a satisfactory outcome, though, the next step is to initiate Acas early conciliation. This free process offers independent advice and is usually required before an employment tribunal claim can be brought.

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However, having exhausted all other alternatives and still without a resolution, the individual could finally bring a claim. They would need to adhere to strict time limits and meet specific eligibility criteria, but if successful, their remedy could include compensation for discrimination.

Get Help with Redmans

While Acas offers free, independent advice, it isn’t tailored to your situation. Therefore, should you desire specific advice for your circumstances, you may want specialist legal help.

If you’ve faced disability harassment or discrimination at work and want tailored legal assistance, contact Redmans Solicitors today. As sector specialists, we can provide expert advice and assess your eligibility to bring a claim.

It only takes a moment to discover how we can help you, simply:

• Phone 020 3397 3603
• Request a callback via our online form