A disabled woman successfully sued the Department for Work and Pensions (DWP) after her colleague spun around in her office chair and said they “felt like Stephen Hawking”.
Alison McRobbie, who began working for the DWP in its Universal Credit department in 2021, asked for some “reasonable adjustments” to be made to her workplace setup.
McRobbie suffers from arthritis and crepitus – cracking joints – following a traffic incident in 2017.
She was provided with a chair with a high back and headrest to support her neck in October 2022, and soon after, showed off the new piece of equipment to her co-worker Josie Hooper.
McRobbie began working for the DWP in its Universal Credit department in 2021
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However, McRobbie was dismayed when Hooper – who was said to be “impressed” by the chair – began “harassing” her by spinning around in the chair and making a comparison to Hawking.
It was alleged that Hooper “made faces and gesticulating” in a mocking manner after comparing the chair to the one that the A Brief History of Time author sat in.
Whilst it was ruled that Hooper “did make a comment” about Hawking, it was determined that she “did not make facial gestures and did not mimic a disabled person”.
The employment tribunal said that the account of McRobbie – who was described as “very sensitive” – was “exaggerated”.
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McRobbie’s colleague spun around in her office chair and said they ‘felt like Stephen Hawking’
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However, the tribunal added: “We also recognise that in terms of appearance, a comparison between how he looked and how another person might look when using [McRobbie’s] chair, was not flattering or complimentary.”
“[We] find that she was upset at the time and that part of the reason for her upset was a comment linking her chair with Stephen Hawking.
“We find it was unwanted and that it was related to her disability.”
Less than a year later, McRobbie was dismissed for alleged gross misconduct and she took the DWP to the tribunal claiming discrimination, unfair dismissal and harassment.
It was ruled that Hooper ‘did make a comment’ about Hawking
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This was upheld in relation to the Stephen Hawking remark, with the judge stating: “We have taken into account as set out above that [McRobbie] had not been into the office for some time that she was known to be a person who was very sensitive and also that the comment itself drew particular attention to [her] disability.
“Whilst we all agree that most people would not find this to be offensive, we accept that it is reasonable for it to be treated as harassment in this case and we therefore find that [McRobbie] was harassed.”
McRobbie also won a claim that her former workplace had failed to make reasonable adjustments for her disability, though other claims she made were dismissed.
A remedy hearing to decide her compensation will be held at a currently undetermined date.
