Sainsbury's Manager Awarded £12,000 After Social Media Exclusion
A Sainsbury's store manager has been awarded nearly £12,000 in compensation after an employment tribunal ruled that he was subjected to harassment and unfavourable treatment when he was excluded from a social media post celebrating International Men's Day. Darren Cooper, who had been on sick leave due to anxiety, said he felt "excluded, humiliated and violated" after being left out of the post by his regional director.
Background and Employment History
Darren Cooper began his career with Sainsbury's in 1993, describing himself as having "orange blood" in reference to the supermarket chain's branding. In 2010, he was promoted to manager of the Pontypridd store in South Wales. However, in July 2022, he took sick leave due to anxiety, which set the stage for the subsequent dispute.
The International Men's Day Post
In November 2022, Cooper's line manager, Matt Hourihan, posted on Yammer and LinkedIn to celebrate International Men's Day. The post praised male leaders in the team for their dedication, stating they "show up for work each day, put on a name badge and provide support, guidance and leadership." It included a photo of all regional store managers, with each named and tagged—except for Cooper.
During the tribunal, Hourihan explained that he left Cooper off the post because Cooper had deleted WhatsApp and indicated he did not wish to be contacted. Additionally, Hourihan claimed he did not have a photo of Cooper and thought it inappropriate to ask for one. However, the tribunal found this reasoning insufficient, ruling that the exclusion amounted to unfavourable treatment linked to Cooper's disability.
Impact on Cooper's Health and Career
The exclusion had severe consequences for Cooper. He reported suffering "untold further damage" to his mental health and experienced "angst" from having to field questions from friends and colleagues who assumed he had left Sainsbury's. After prolonged discussions about his return to work, Cooper was dismissed in June 2023, leading him to sue for multiple claims, including disability discrimination and unfair dismissal.
Tribunal Ruling and Compensation
The employment tribunal in Cardiff dismissed Cooper's claims of disability discrimination and unfair dismissal but upheld his claims for harassment related to disability and unfavourable treatment arising from his disability. The panel stated that Hourihan's conscious decision to exclude Cooper because he was absent constituted unfavourable treatment connected to his disability.
Compensation DetailsAt a later remedy hearing, it was decided that Cooper would receive £11,852 in compensation. This award included £7,500 specifically for injury to feelings, reflecting the humiliation and distress caused by the social media exclusion. The case highlights the growing importance of inclusivity in workplace communications, especially on social media platforms.
Broader Implications
This ruling underscores the legal responsibilities employers have regarding employees on sick leave, particularly those with disabilities. It serves as a cautionary tale for businesses about the potential consequences of excluding staff from internal communications, even on social media. Employers must ensure that their practices do not inadvertently discriminate against or harass employees, regardless of their current work status.
- Key Takeaways: The case emphasizes the need for careful consideration in workplace social media posts.
- Legal Precedent: It sets a precedent for similar cases involving exclusion and disability-related harassment.
- Employee Well-being: Highlights the impact of such exclusions on mental health and professional reputation.
