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Employee with breast cancer awarded £47,000 for disability discrimination

Makbool Javaid

In  Coglan v The Hideaways Club (UK) Ltd, Mrs Coglan (C) was diagnosed with breast cancer and required urgent treatment including chemotherapy. During C’s treatment, the employer put four requirements to her: (i) removing C’s adjusted working pattern, whilst she was undergoing treatment, without any consultation; (ii) requiring her to go on sick leave for up to four months for which she would be paid SSP; (iii) requiring C to accept a different role and a reduced salary; and (iv) asking C for medical documentation to prove that she was fit to work, when she had not been signed off as unfit. An ET found all four amounted to discrimination arising from C’s disability and (iv) was also disability related harassment. Medical evidence showed C had been subjected to psychological “trauma and torture by her line manager at work…” and she had moderately severe physciatric injury. C was awarded £47,701, which included £18,749 for injury to feelings and £7,500 for personal injury.

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