In the case of Kownacka v Textbook Teachers a Recruitment Account Manager who was diagnosed with breast cancer suffered harassment after her manager made comments which “lacked insight and sensitivity” and created an “offensive environment”.
Aggie Kownacka, who worked for Textbook Teachers in Rutland, was asked by manager Sharon Paul why she needed time off, as “it’s only early stages of cancer”. She was also told that she was taking the diagnosis “too seriously” and that “it’s not like you’re going to die”. Ms Paul also allegedly joked that Ms Kownacka was “lucky to have a free boob job off the NHS” and suggested she would have a “high libido” after hormone treatments for breast cancer.
Ms Kownacka resigned and although Ms Paul denied making the comments, the tribunal – which was held remotely during January and March – found “on balance, it was more likely than not [they]… were said”.
Ms Kownacka won her claim for harassment related to disability, but her claims for direct disability discrimination and failure to make reasonable adjustments were dismissed.
Employment Judge Martin Brewer said: “She [Ms Paul] was, we find, intending to engage with the claimant in what were clearly difficult circumstances but, in doing so in the manner set out, she showed a lack of insight, sensitivity and empathy.”
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