Disabled lecturer wins £177k discrimination payout

The college's failure to take action against two staff members cost it an extra £5,000

The college's failure to take action against two staff members cost it an extra £5,000

A former college lecturer has been awarded £177,000 in a tribunal battle over disability discrimination that included harassment by colleagues and false racism claims.

Dr Sharon Turton, who has asperger’s syndrome, severe complex post-traumatic stress disorder and ADHD, was a psychology teacher at MidKent College until she took voluntary redundancy in 2022.

Dr Turton left the college a year after issues emerged with a colleague, which began with “difficult social interactions” and escalated to the colleague mockingly telling students Dr Turton had “mental problems” while tapping her head.

College management also launched a formal investigation into allegations Dr Turton had made racist remarks about a student that the employment tribunal ruled were “fabricated” and an “attack on her reputation”.

Following the tribunal’s ruling that Dr Turton suffered harassment related to disability, direct disability discrimination and a failure to make reasonable adjustments, she was awarded £177,157.28 in compensation and legal costs of £12,465.15.

This included compensation for loss of earnings, injury to feelings, personal injury, aggravated damages, interest and tax.

Left feeling ‘broken’

The tribunal panel of one judge and two lay members said Dr Turton was a “committed and determined” lecturer of higher education access courses, who was “likely” to have stayed at work until she was 70, despite being signed off work for “significant periods” of 44 and 48 days in 2018 and 2021.

The psychology lecturer and her daughter said the discrimination had exacerbated the symptoms of her disability and left her “broken” and “fundamentally changed”.

A remedy judgment published on Wednesday said: “She was unable to come to terms with the loss of a job that she loved and cannot face going into or even near learning environments.

“She can barely bring herself to leave home, let alone seek work.”

Among Dr Turton’s settlement was a payout for past and future loss of earnings of £53,551.47 and £27,942.87 respectively.

The tribunal also awarded £29,000 in injury to feelings damages, the middle end of the compensation scale, ruling that the college’s decision to place her at risk of redundancy while she was signed off sick and had an open grievance against two other staff members made her feel “as if she had no choice”.

The disciplinary investigation was “exceptionally upsetting” as it damaged her reputation with colleagues, students and former students, the tribunal said.

Dr Turton said she now feared she would be “bullied and spoken to like she is an idiot” because she has autism and ADHD.

The tribunal also awarded her £8,000 for personal injury as the physical and mental health impact of her experience meant she had not been able to return to work after three years, and had a 50 per cent chance of returning to an equivalent role.

College rebuked

It also awarded aggravated damages of £5,000 because it felt the college was “simply not taking our findings seriously”, despite the “public nature” of the actions of two staff members, as it was yet to “take any action” against the staff members, even after the ruling was published.

Dr Turton told FE Week the college’s continued employment of two staff members implicated in the discrimination against her raised “serious questions” about MidKent College’s approach to disability, bullying and harassment.

She said she tried “everything in her power” to get help in the first nine months of discrimination, including begging management to intervene, but felt that only one staff member appeared “genuinely concerned”.

The lecturer added: “There were so many opportunities for the college to put a stop to what was happening.”

Simon Cook, principal and CEO at MidKent College, said: “We take these findings and the matters they discuss extremely seriously and are committed to ensuring that all staff and students experience an inclusive and respectful working and learning environment.

“The events referenced in the tribunal’s judgment occurred between 2021 and 2022, and a significant period has passed since then.

“Throughout this time, the college has continued to learn and grow, strengthening its policies and practices to foster a more inclusive workplace.

“The wellbeing of our staff remains a priority, and we are committed to reflecting on this case to ensure we maintain a culture of respect and support for all.”

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