Dyslexia, discrimination, and compensation

In Borg-Neal v Lloyds Banking Group plc the claimant was dismissed for gross misconduct after using an offensive racial term in a diversity training session.

He admitted using the term but alleged that he had done so owing to difficulties associated with his dyslexia which prevented him from being able to quickly think of a way of avoiding using the word. The Employment Tribunal held that he had been unfairly dismissed and subjected to disability discrimination.

The respondent has appealed this decision but, whilst this appeal is pending, a decision on remedy has been made. The tribunal has awarded the claimant over £470,000 in compensation. In determining this award, the tribunal took into account that the claimant was not fit to work because of mental ill-health caused by his dismissal and the subsequent tribunal proceedings and that it may take one to two years for him to recover.

The claimant was also awarded £15,000 for injury to feelings and £23,000 for personal injury in recognition of the severe depression and anxiety triggered for the claimant, by the circumstances of his dismissal.

This case is a reminder to employers to always consider the wider context in cases of alleged discriminatory conduct. The respondent was found to have been unduly focused on the wider message which would have been sent if the claimant hadn’t been dismissed. They had failed to take sufficient account of the wider context and the claimant’s language difficulties.