Anglian Water found liable for harassing disabled employee

A disabled employee has won her claim of harassment against Anglian Water after being contacted multiple times while recovering from major surgery.

Jennifer Cafferky  Associate Solicitor in our employment team, reports on this recent case.

Miss Crette Berry, who worked as a contact centre agent, said the company failed to respect her recovery period following a hysterectomy in December 2022.

Her broader claims about reasonable adjustments and discrimination were dismissed, but the Employment Tribunal ruled that the company’s repeated attempts to contact her in early January 2023 amounted to harassment.

The tribunal heard that Berry, who had been diagnosed with endometriosis, menopause, anxiety, and depression, was recovering from surgery when her manager contacted her on 5, 10, and 12 January about attending a meeting.

The judge concluded that this “unwanted conduct” was directly related to her disability and had a humiliating effect on her.

Employment Judge McTigue criticised the company’s behaviour, stating: “It was plain that contact with the Claimant should have been avoided during her recovery period. The conduct was unnecessary and inappropriate in the circumstances.”

Berry had informed Anglian Water of her surgery and was expected to have a recovery period of at least three weeks. However, the company initiated contact during this time, despite Occupational Health reports indicating she was unfit to engage in work matters.

While the tribunal dismissed other complaints, including allegations regarding flexible working and additional welfare breaks, it found that the company’s repeated contact demonstrated a lack of consideration for Berry’s vulnerable position.

The tribunal also rejected Berry’s claim that her resignation in March 2023 was caused by discrimination, determining that she had decided to leave her role months earlier.

The case will now proceed to a remedy hearing to decide compensation for the harassment.

If you would like more information about the issues raised in this article or any aspect of employment law, please contact Jennifer on 01228 516666 or send her an email.