Workplace Report September 2005

Equality news

Failings led deaf employee to kill himself

A tragic case of disability discrimination has ended in the imposition of a £15,000 fine plus interest on Her Majesty's Revenue and Customs.

The damages were awarded last month by Bristol employment tribunal to the family of Nigel Osborn-Clarke, a profoundly deaf worker at the Inland Revenue who took his own life while under investigation for alleged computer misuse.

Osborn-Clark became depressed after admitting to a manager in October 2003 that he had accessed his wife's file. He had not realised that he had done anything wrong, and the tribunal found that the Inland Revenue had breached the Disability Discrimination Act 1995 by failing to ensure that he was given an interpreter for an induction process relating to its policy on computer misuse.

"It is impossible for us to speculate as to the reason why Mr Osborn-Clarke killed himself," the tribunal said, "but it seems clear that he was deeply affected by the disciplinary proceedings and that he expressed himself to be concerned as to what would happen to him and his family if he lost his job."

The tribunal also noted that employees facing allegations were left in a state of uncertainty for months. Osborn-Clarke was sent a letter in December 2003 setting out the charges against him and expressing his employer's "very serious view" of the situation. He hanged himself the following month.

The family's tribunal claim was supported by the PCS public services union. General secretary Mark Serwotka said the union will continue to support similar claims, and will work to ensure that all government departments address the issues raised by the case.