Woman wins over £26,000 after boss coughed in her face

Kevin Davies was an employee of Cawdor Cars, a car sales and property business in Newcastle Emlyn. A female employee who worked for the company since 2017 requested colleagues maintain social distance due to her psoriatic arthritis and autoimmune condition a week before the first COVID-19 lockdown in 2020.

Davies mocked the employee and coughed in her face deliberately and loudly. The employee complained about his behaviour and resigned less than three months later.

Tribunal Judgment

The Judge ruled that Davies had deliberately set out to "ridicule and intimidate" the employee through his "gross behaviour" when he coughed in her face. The tribunal found that other members of management gave defensive statements and unclear evidence. It was ruled that the employee’s resignation was influenced by victimisation.

The employee was awarded £26,438.84 – with Davies being ordered to pay £8,438.84 of the award.

Commentary

This case highlights the serious consequences of discrimination in relation to health vulnerabilities. The substantial compensation reflects the gravity with which the tribunal viewed the matter and the Davies’ conduct. The judgment serves as a reminder of employer’s responsibilities to take employee health and safety seriously.

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