Sending a birthday card to a colleague cost employer £25,000

A HMRC employee, Kani Toure, has won £25,000 in compensation after successfully claiming harassment over unwanted contact from her employer, including a birthday card she had explicitly asked not to receive.

Background of the Case

Ms. Toure, a French national of African origin and Muslim, began working as a customer service consultant at HMRC’s Croydon office in October 2019. She later transitioned to remote work in March 2020 due to the Covid-19 pandemic.

In July 2020, after experiencing difficulties with utility expenses, she complained to her manager, Hugh Henderson, via email, stating she felt discriminated against due to her foreign accent and origin. However, her complaint was ignored.

Despite clearly stating she did not wish to celebrate her birthday, Mr. Henderson mentioned it in a team meeting on August 2, 2020. He kept a record of employees' birthdays and used it to acknowledge their special days. Afterward, Ms. Toure requested to be removed from the birthday list, which Mr. Henderson complied with and apologized for the oversight.

Workplace Issues and Grievances

By September 2020, Ms. Toure felt excluded from training opportunities compared to her colleagues, leading her to file an informal complaint, which was later escalated to a formal grievance. In November 2020, she submitted an 11-page grievance outlining several allegations against multiple colleagues.

As a result, she was temporarily transferred to HMRC’s Canary Wharf office for six months. However, she was told the move could only become permanent if she withdrew her grievance.

Health Issues and Further Conflict

In June 2021, an occupational health report found that a tumour affecting her pituitary gland led to excessive production of prolactin, triggering migraines, stress, anxiety, vertigo, weight loss, poor sleep, and low mood. She went on sick leave from June 30, 2021, requesting that communication be kept to a minimum and only conducted via email, as interactions made her emotional.

Despite her request, she received 11 emails in a month checking on her well-being. Additionally, due to a lack of communication between managers, she was sent a birthday card in August 2021, following the standard practice of her new team.

Ms. Toure remained on sick leave until November 2021, when she received a letter warning her about potential formal action regarding her continued absence.

Tribunal Ruling

Ms. Toure subsequently took HMRC to an employment tribunal, where she raised over 20 allegations of race and disability harassment, discrimination, and victimisation. She won ten of these claims, including:

• Harassment due to repeated contact while she was off sick.
• Race harassment, as her complaints were ignored and her transfer was conditional on withdrawing her grievance.
• Disability harassment, after an HMRC report dismissed her complaints as being influenced by her medication.
• Disability discrimination, following the formal action threat regarding her sickness absence.

Employment Judge Adam Leith ruled that HMRC’s repeated contact created a hostile and intimidating environment, exacerbating Ms. Toure’s symptoms. The judge also questioned HMRC’s claim that contacting her frequently was a duty of care, stating that her wishes should have been respected instead.

Compensation Awarded

Ms. Toure was awarded a total of £25,251.62, which included £20,000 for injury to feelings.