Ms A Robinson v Middlesex Learning Trust

A case has recently hit the headlines after a teacher was awarded £137,112 in compensation further to claims of disability discrimination and harassment against her former employer.

Ms Robinson was employed by the Middlesex Learning Trust (the trust) as a teacher of Design Technology. Before joining the trust in September 2020, the claimant completed a pre-employment health questionnaire and disclosed a history of chronic daily migraines and recurring sciatica/back pain.

Shortly after starting at the trust Ms Robinson underwent two lots of back surgery in November 2020 and a protracted recovery followed. During her employment, Ms Robinson experienced multiple periods of sickness (COVID-19, sciatica phased returns) and there were multiple periods of prolonged absence.

Colleagues and pupils let down

In June 2021 Ms Robinson attended a Stage 1 absence meeting where she was told by a senior staff member that she had ‘let her colleagues down and her students down’ because of her absences.

Within the same meeting she was also told: ‘that it would be easy to be cynical in that her 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’.

Employment tribunal claims

The trust had already made the decision in January 2021 not to renew her contract or offer her a permanent role. She brought claims of disability discrimination (under s15 of the Equality Act 2010), failure to make reasonable adjustments (s20/21) and harassment (s26) related to disability.

Not all the claims succeeded

While not all the claims succeeded, the case serves as a cautionary tale owing to the compensation that was awarded in this case.

Tricky balance

Given there were lengthy absences from employment for various reasons, one has some sympathy for the trust here in terms of costs associated with covering all the absences. Staff absence can often have a negative impact on colleagues or pupils and it can be a tricky balance navigating and managing sickness absence and wider interests within a school or trust.

Focus on support and adjustments

Nevertheless, employers must adhere to the law and exercise caution when commenting on staff absence or health. Remarks that Ms Robinson had ‘let colleagues and students down’ during sickness absence were found to be harassment linked to disability. Managers should avoid value-laden judgments, focus on support and adjustments, and ensure absence meetings are conducted sensitively, with occupational health involvement where appropriate.

The employment tribunal recommended disability awareness training be implemented in this case. The full judgments can be found at Ms A Robinson v Middlesex Learning Trust.

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