- Kani Toure 'clearly explained' she wanted contact at a minimum while off sick
- But she was contacted 'more than once every other day', then sent the card
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HMRC worker who complained after her boss sent her a birthday card when she had said she didn't want to celebrate the occasion has won £25,000 for harassment.
Kani Toure was off sick with work-related stress when she 'clearly explained' she wanted correspondence to be kept to a minimum and via email, an employment tribunal heard.
But they sent her a birthday card anyway despite expressly telling her manager she didn't want to mark the occasion.
A judge concluded this was 'unwanted conduct' and that the 'repeated contact' she received while off sick was harassment, adding that HMRC's duty of care would have been 'more effectively observed by complying with her expressed wishes'.
After winning ten claims of race and disability harassment and discrimination, Ms Toure has now been awarded £25,251.62 in compensation including £20,000 for injury to feelings.
The tribunal in south
London heard Ms Toure - who is a French national of African origin and Muslim - started working as a customer service consultant at the Croydon office in October 2019.
In March 2020, due to Covid, she started working from home.
In July 2020, after difficulties claiming utility expenses, she told boss Hugh Henderson via email she had been discriminated against, 'mostly because of my foreign accent and origin', although this was ignored.
Then, on Ms Toure's first birthday during her time working there - on August 2, 2020 - he mentioned in a meeting that it was her birthday.
'He had a practice, at that time, of keeping a list with the birthdays of each member of his team on it,' the tribunal heard.
'His evidence was that he would use the list to wish members of his team a happy birthday, and if it was a "special" birthday he would arrange a card from the whole team.
'His evidence was that more than half of team leaders would have done similar things at the time.'
The next day, Ms Toure emailed him saying although it had been 'very kind', she wasn't celebrating it for 'personal reasons' and asked her details be taken off any birthday list, which they were.
Mr Henderson apologised and explained that he would remove her birthday from his list.
By September 2020, the tribunal heard Ms Toure felt she was being 'left out' of training opportunities compared to her colleagues and made an informal complaint which she later said should be treated as a grievance.
In November 2020, she submitted a formal 11 page long grievance which contained 'a number of allegations against a range of colleagues'.
As a result, she was transferred to HMRC's Canary Wharf office on a temporary basis for six months. It was heard she was told she would have to withdraw her grievance if she wanted the transfer to be made permanent.
In June 2021, she saw occupational health, where a report found a tumour caused her pituitary gland to produce too much of a hormone called prolactin which could trigger migraines.
The panel heard the report said she suffered from symptoms of stress, anxiety, migraine, vertigo, weight loss, poor sleep and low mood. She was subsequently on sick leave from June 30, 2021.
The tribunal heard Ms Toure asked that correspondence only be done if 'essential' - and be conducted by email, as interactions made her 'emotional'.
However, in the month that followed, she was sent 11 emails to check she was 'alright' as well as a birthday card.
As Ms Toure had transferred to a different team with a new manager, Mr Henderson had not had the chance to brief her new boss about her birthday wishes.
As a result, she was sent a birthday card in August 2021 - something that the panel heard 'always' happened to new members of the team.
The panel heard this 'repeated contact' had 'exacerbated' her symptoms.
Ms Toure remained absent from work until she was sent a letter in November 2021, warning her she faced 'formal steps regarding her sickness absence'.
She then took HMRC to the tribunal, making over 20 allegations of race and disability harassment, as well as discrimination and victimisation. Ten of her claims were successful.
Employment Judge Adam Leith said: '[HMRC]'s conduct, in repeatedly contacting [Ms Toure] during the early part of her sickness absence, was unwanted.
'She had asked for correspondence to be kept to a minimum, and to be by email only.
'While she could have been more proactive in reporting her absence, she had clearly explained why she wished for correspondence to be kept to a minimum.
'The birthday card was also unwanted, in the sense that she had told Mr Henderson that she did not want her birthday to be marked.'
The judge said the 'repeated contact' created a 'hostile and intimidating environment' for her.
'[Ms Toure], having asked [HMRC] to keep correspondence to a minimum, was then contacted 11 times in a three-week period - on average, more than once every other day.
'It is in our judgment impossible to separate the treatment (continuing to contact Ms Toure repeatedly despite being asked not to do so) from the fact that she was absent for a reason which was linked to her disability.
'[HMRC]'s explanation for the treatment was that (in essence) they had a duty of care to [Ms Toure] and had to check on her welfare.
'We have some doubts about that.
'In the circumstances, [HMRC]'s duty of care would on the face of it have been more effectively observed by complying with her expressed wishes.'
The judge said Ms Toure had been victimised by Mr Henderson when her complaints were 'ignored' and said the offer of a permanent transfer in exchange for withdrawing her grievance amounted to race harassment.
Ms Toure also won a claim of disability harassment after an HMRC report claimed her complaints were 'baseless' and 'made as a result of the medication she was taking for her tumour'.
She also won a claim of disability discrimination after being told 'formal action' would be taken about her continuing sickness absence.
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