Ricky Taylor, who suffers from ankylosing spondylitis, a form of spinal arthritis causing difficulty walking and extreme fatigue, was awarded £32,320 after a tribunal found Sainsbury's liable for disability discrimination and constructive unfair dismissal. According to Daily Mail - Home, Taylor described his condition as 'a life-long and incurable disease with fluctuating and recurring periods of flareup,' causing pain and stiffness. Taylor started working for Sainsbury's in St Albans as a trading assistant in 2020 and was promoted to Customer and Trading Manager in August 2022. He requested adjustments including working four night shifts per week to allow rest after shifts, but was told by senior managers he was 'expected' to work an additional 10 hours each week for handover from night shift. Three months after promotion, Taylor was told he had not passed probation. The tribunal in Watford found Sainsbury's liable, noting the company was aware of Taylor's condition since he joined in 2020.
Matthew Davies left his job at White Dove Garages in Cardiff after three weeks due to a 'toxic' atmosphere and was awarded £3,429 in compensation. According to Daily Mail - News, Employment Judge Rachel Harfield ruled that offensive comments created an 'offensive environment' for Davies, stating that 'the conduct had the effect of violating his dignity.' Davies began working at White Dove Garages in April 2024, having worked in the car industry since 1990 before starting his own company in 2004. He alleged he was forced to listen to colleagues discuss oral sex and heard women described as 'rough around the edges' and 'the local ride in the area.' Davies was told that 'nobody liked him' or 'wanted to work with him' and was advised to 'reconsider his position' or 'better still leave.'
AS is a life-long and incurable disease with fluctuating and recurring periods of flareup. I experience pain and stiffness particularly in hands, fingers, feet, toes and knees and elbows from swelling up if I do too much. It is extremely painful and limiting. Walking becomes difficult and I feel fatigued. A flare-up can be caused by an underlying infection which can easily turn into sepsis without treatment. As a result, ordinary issues for example a dental issue become a greater concern and take longer to resolve.
Darren Cooper, a Sainsbury's store manager, was awarded nearly £12,000 after being excluded from his boss's International Men's Day social media post. Cooper was on leave for anxiety when his regional director, Matt Hourihan, shared a post celebrating male leaders. According to Daily Mail - Home, Cooper felt 'excluded, humiliated and violated' upon seeing he was not included. The post included a photo of every regional store manager except Cooper. Hourihan said he left Cooper off because Cooper had deleted WhatsApp and said he did not wish to be contacted, and he did not have a photo. The tribunal upheld Cooper's claims for harassment related to disability and unfavourable treatment arising from disability, awarding him £11,852, including £7,500 for injury to feelings. Cooper began working at Sainsbury's in 1993 and became manager of the Pontypridd store in 2010. He took sick leave due to anxiety in July 2022 and was dismissed in June 2023. The tribunal ruled that the exclusion was unfavourable treatment because of something arising from disability.
It remains unclear what specific adjustments Sainsbury's failed to provide for Taylor, and whether the company has appealed the compensation award. Similarly, the specific sexist remarks that led to the tribunal at White Dove Garages have not been detailed, and it is unknown if the garage faced further consequences beyond the compensation. In Cooper's case, the outcome of any appeal by Sainsbury's has not been disclosed.
Since accepting the job (21 Aug 2022) I am regularly having to stay up to two hours over my contracted hours each day, roughly 10 hours per week. Senior management tell me 'This is expected' however I do not agree.
The comments were not targeted at him at all or anyone associated with him. [Mr Davies] was not involved in the conversation itself. We do, however, find that the conduct had the effect of violating [his] dignity and creating an offensive environment for him. Whilst the comments were not directed at [him] and he was not a participant in the conversation, he was sat there in the hub as part of that sales team. Those involved in the conversations decided to have them in the full knowledge that [he] may overhear. That someone who hears it may take offence to it is the risk you take by choosing to have that kind of conversation in open earshot in a workplace.
I also raised my concerns in relation to the daily unwanted conduct of a sexual nature. The racism, misogyny, homophobia and the abhorrent tone within the sales office/hub all of which had the purpose or effect of violating dignity and/or creating an intimidating, hostile, degrading, humiliating and offensive environment.