A Sainsbury's store manager has been awarded nearly £12,000 in compensation after an employment tribunal found he was "humiliated" by being excluded from his boss's International Men's Day social media post celebrating male leaders.
The Social Media Snub That Led to a Tribunal
Darren Cooper, who had worked at Sainsbury's since 1993 and described himself as having "orange blood" in reference to the supermarket's branding, was on sick leave for anxiety in November 2022 when his regional director Matt Hourihan posted on Yammer and LinkedIn to celebrate International Men's Day.
The post praised male leaders who "all show up for work each day, put on a name badge and provide support, guidance and leadership" and included a photo of every regional store manager named and tagged - except Mr Cooper.
Psychological Impact and Professional Consequences
Upon discovering his exclusion, Mr Cooper told the Cardiff tribunal he felt "excluded, humiliated and violated." He suffered what the tribunal described as "untold further damage" to his health along with the "angst" of having to field questions from friends and colleagues asking if he had left Sainsbury's.
Mr Cooper, who became manager of the Pontypridd store in South Wales in 2010, had taken sick leave due to anxiety in July 2022. After many discussions about his return to work, he was eventually dismissed in June 2023, prompting him to sue for disability discrimination, harassment, unfavourable treatment and unfair dismissal.
Tribunal Findings and Compensation Award
The employment tribunal ruled in Mr Cooper's favour, upholding his claims for harassment related to disability and unfavourable treatment arising from his disability. The panel determined that "the cause of the treatment was the conscious thought process of Matt Hourihan to not include (Mr Cooper) from the post as he was absent and therefore this amounted to unfavourable treatment because of something arising from disability."
A subsequent remedy hearing determined Mr Cooper would receive £11,852 in compensation, which included £7,500 specifically for injury to feelings. However, the tribunal dismissed his claims of disability discrimination and unfair dismissal.
Manager's Defense and Communication Breakdown
Mr Hourihan defended his decision to exclude Mr Cooper from the International Men's Day post, explaining that as Mr Cooper had deleted WhatsApp and said he did not wish to be contacted, he thought it best to leave him off the post. He added that he did not have a photo of Mr Cooper and thought it inappropriate to ask for one given the circumstances.
The case highlights the complex intersection of workplace communication, social media use, and disability considerations in modern employment practices. It serves as a cautionary tale about how seemingly innocuous social media posts can have significant professional and psychological consequences when they exclude individuals who are absent due to health issues.
The tribunal's decision underscores the legal responsibilities employers have regarding how they treat employees with disabilities, even in contexts that might initially appear unrelated to formal employment matters. The substantial compensation awarded reflects the serious impact such exclusions can have on individuals' wellbeing and professional standing.
