£177k award for disability discrimination
A college lecturer has been awarded over £177,000 after her employer, Mid Kent College, was found to have discriminated against her on the grounds of disability, failure to make reasonable adjustments and harassment.
Dr Turton was employed as a Psychology Lecturer from 2014 until she took voluntary redundancy in 2022. She had long-standing health conditions including Asperger’s Syndrome (autism spectrum disorder), severe complex post-traumatic stress disorder (C-PTSD) and ADHD.
The Tribunal had already upheld liability in an earlier hearing, finding that Dr Turton had been harassed because of her disability (including colleagues mocking her and spreading false rumours about her conduct) and that the college had discriminated by failing to make reasonable adjustments and subjecting her to a redundancy procedure without adequate justification.
Expert medical evidence
Expert medical evidence was critical. The Tribunal heard from a jointly instructed expert who found that Dr Turton’s conditions were well-managed and had not prevented her from working effectively for many years prior to the discriminatory conduct. The expert concluded, on the balance of probabilities, that without the discrimination, Dr Turton would likely have continued in employment until retirement age, with periods of sickness absence that an employer would reasonably be expected to manage.
Importantly for HR, the Tribunal agreed that the cumulative effect of harassment, failure to adjust and discriminatory treatment had worsened her health and contributed decisively to her prolonged incapacity.
Reasonable adjustments
Adjustments were implemented for Dr Turton during the Tribunal hearing itself, including scheduled breaks, allowing her to leave proceedings if overwhelmed and attendance support by a family member, all of which are good examples of adjustments employers may need to consider in workplace procedures involving disabled staff.
The Tribunal awarded compensatory damages covering past and future loss of earnings, injury to feelings, personal injury and aggravated damages amounting to over £177,000.
Key points for HR
- Disability discrimination claims often turn on cumulative impact and failure to adjust, even where conditions are longstanding and previously manageable
- Reasonable adjustments should be proactive, individualised and consistently reviewed through organisational processes (including performance, restructuring and redundancy)
- Harassment linked to disability, even if indirect (mocking, rumours), can significantly increase employer liability
- Expert medical evidence can shape how tribunals assess causation and future employability
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