In Tribe v British Telecommunications plc, T has muscular dystrophy and is disabled. He is employed by BT as a fibre optic joiner. T attended a job at a police station, with a colleague. T rang his manager, Read (R), to inform him that they would be unable to complete the job as access to the area where they were working would cease at 4 pm. Shortly afterwards T received a phone call from R. T could hear R speaking to a third person and it became clear that R had not intended to call him, i.e. it was a ‘pocket dial’ – an inadvertent call as a result of accidentally pressing a phone button. T heard R describing him as a “bull shitter” and stating that if he rang the police station, he would be able to gain access. R also said that if it had been an “able-bodied” team carrying out the job it would have been completed. This angered T. He rang R, who apologised and told T that if he was pocket dialled again, he should hang up. An ET upheld T’s claim of harassment related to disability. The effect of the “pocket dial” incident, violated T’s dignity and created a degrading or humiliating environment for him as he had been accused of being a “bull shitter” and compared unfavourably to an “able bodied” team member. T was awarded £8,313.
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This provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and the judgments made in every aspect of the case. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, we cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.
