Worker wins harassment claim because she received a birthday card!

by | Jul 17, 2024

I normally say don’t be afraid of contacting staff who are off sick. But maybe contacting a member of staff 11 times in 3 weeks could be seen as harassment, throw in a birthday card and she wins her claim!

The claimant was off sick for work-related stress and asked for minimal contact.

The judge said:-
The effect of the repeated contact was to create a hostile and intimidating environment for the Claimant. She had said, in clear terms, that contact from the Respondent made her emotional. We have no difficulty in concluding that, subjectively, the effect for the repeated conduct was to create a hostile and intimidating environment for her.

I would recommend that you have a clear communication plan with an employee who is off sick. They will know when to expect communication from you and when they are expected to contact you.

If you need any help with absence management give me a call.

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