Bristol tribunal ruling on Disability Discrimination at disciplinary hearing
PCS Union statement on Nigel Osbourne-Clarke v Inland Revenue: 10 Jun 2005
A claim for disability discrimination in the Inland Revenue, which was supported by the Public and Commercial Services Union (PCS), was upheld by an Employment Tribunal in Bristol it was announced today.
The claim was brought by the union and the family of Nigel Osbourne-Clarke who worked for the Inland Revenue in Bristol. The tribunal found that Nigel, who was profoundly deaf from birth and who tragically took his own life whilst under investigation for alleged computer misuse had been discriminated against. Nigel joined the Inland Revenue in 2003 and was a popular hardworking member of staff. In October 2003 he was summoned to see a manager over an alleged incident of computer misuse. He admitted accessing his wife's file and became extremely distressed.
The Tribunal in its ruling found that the Inland Revenue was in breach of the 1995 Disability Discrimination Act in failing to ensure that Nigel Osbourne - Clarke was given an interpreter for an induction process relating to the organisation's policy on computer misuse. The Tribunal also stated that: "It is impossible for us to speculate as to the reason why Mr Osbourne - Clarke killed himself but it seems clear that he was deeply affected by the disciplinary proceedings brought against him and that he expressed himself to be concerned as to what would happen to him and his family if he lost his job."
In a statement the union said: "PCS both locally and nationally have been appalled by the events surrounding Nigel's death. This judgement raises a series of questions and issues around the handling of people with impairments not only in the Inland Revenue but within other government departments. PCS has supported this case and will continue to support others to ensure dignity, justice and fairness in the workplace. If it wasn't for the family's and colleagues of Nigel's courage and persistence then justice wouldn't have been secured for Nigel. We trust that the department will agree to an early and acceptable remedy hearing in order to bring closure to such a tragic set of events for the family, friends and colleagues of Nigel.