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Revenue And Customs In Disability Discrimination Pay Out

PCS: 10 Aug 2005

Her Majesty's Revenue and Customs (HMRC) were ordered to pay £15,000 plus interest in damages today at a remedy hearing at Bristol Employment Tribunal in a tragic disability discrimination case supported by the union.

The damages were awarded to the family of Nigel Osborn-Clarke a profoundly deaf Inland Revenue worker from Bristol. The tribunal had earlier ruled in June 2005 that Nigel, a popular hardworking member of staff who tragically took his own life whilst under investigation for alleged computer misuse had been discriminated against. In October 2003 Nigel 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 June ruling found that the Inland Revenue breached the 1995 Disability Discrimination Act in failing to ensure that Nigel Osborn-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 Osborn-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."

Commenting Mark Serwotka PCS general secretary said: "If it wasn't for the courage and persistence of Nigel's family and colleagues then a just outcome for Nigel wouldn't have been secured. Both locally and nationally PCS have been appalled by the events surrounding Nigel's death and hope that today will in part bring a degree of closure to such a set of tragic events for the family, friends and colleagues of Nigel. PCS has supported this case and will continue to support others to ensure dignity, justice and fairness in the workplace and will work to ensure that the issues raised by this case are fully addressed by HMRC and all government departments."