Cancer sufferer told “don't be a baby” by boss
A cancer sufferer who was told “don't be a baby” by his boss after he said he couldn't work weekends due to his illness has won his claim for constructive unfair dismissal and discrimination.
Steve Pointon, who worked as a general manager at Alpha Omega Securities, was just 36 when he was diagnosed with cancer and had to undergo a “traumatic” and “brutal” treatment regime.
Despite what he was going through, his managers continually complained about his performance. The dad of two was told to “grow up” and asked why he thought he deserved to have “every weekend off”.
At a Tribunal, it was said of director Ken Lawton that:
"It was within his gift and his gift alone to offer indulgences. His way was the only way, and the Tribunal did not consider that Mr Lawton would suffer dissent easily or at all. Mr Lawton wished not only to be in command but to be seen to be in command."
Having been diagnosed with kidney cancer in August 2016, in the September Mr Pointon underwent surgery and was off for six weeks before being given the all-clear a year later. He went back to working full-time despite still suffering significant side effects.
The Tribunal heard that Mr Lawton, who was initially very supportive, “showed a lack of emotional intelligence” by regularly moaning to Mr Pointon about how hard he had to work when he was off.
In January 2018, Mr Pointon was told his cancer had returned and the “prognosis was poor”. His doctor told him he was technically classed as disabled and offered to sign him off to allow him time to recover. When he returned to work he was on a reduced schedule only working four days a week and his bosses agreed he wouldn't take calls out of hours.
A short while later, however, Mr Taylor called him into his office and berated him for not pulling his weight at the weekends. Mr Pointon said he felt as if he was being “forced out of the business” but was told “grow up, you are a senior manager and can't expect to have every weekend off”. He eventually resigned in November 2018.
Harassment is defined as unwanted verbal, non-verbal or physical conduct that violates the dignity of a person or creates a hostile, degrading, humiliating or offensive environment.
Employment Judge Gary Self concluded:
"[Calling him a baby] was unwanted conduct, and the intention was to put [Mr Pointon] in his place after he had had the temerity not to work over the weekend and stick to what had been agreed as the basis for his return to work. The purpose and the effect were to attack [his] dignity and to create an intimidating, hostile, degrading, humiliating and offensive environment."
The Tribunal found Mr Pointon's claims for unfair constructive dismissal, discrimination arising from disability and harassment succeeded but another allegation of victimisation failed.
A hearing to decide compensation will be held at a later date.
related content
