Ex-B&M worker settles disability harassment case

The retailer has not admitted liability, but will pay out £5,000 and engage with the Equality Commission.

Harvey Spence has a learning disability, and is a former B&M employee.
Published 11th Aug 2021
Last updated 12th Aug 2021

A young man with a learning disability will get a £5,000 pay-out from B&M Retail Limited, after alleging disability harassment.

Harvey Spence’s case, which had the backing of the Equality Commission for Northern Ireland (ECNI), was settled without admission of liability on the part of his former employer.

Mr Spence worked for B&M for 18 months, and says he enjoyed his job, but alleged this changed when he was subjected to disability harassment by some colleagues.

He claims he was excluded from conversations and subjected to derogatory remarks.

The company has not admitted liability, but has confirmed its commitment to the principle of equality of opportunity in employment.

B&M has also vowed to work with the Equality Commission to review its Equal Opportunities, disability policies, practices and procedures as conform with the Disability Discrimination Act 1995.

We spoke to Chief Executive at ECNI is Dr Evelyn Collins - You can watch that interview here…

Dr Collins said: “It is so disappointing that Harvey, who was keen to work, enjoyed his job and the sense of identity and independence it offered him, felt he had no choice but to leave his job.

“The sort of behaviour that Harvey describes really has no place in any workplace. Harvey was entitled to be treated with dignity and respect at work just like everyone else.

“The employment rate for disabled people in Northern Ireland is 37.3%, the lowest of all the UK regions, and this needs to improve. Harvey’s experience at work highlights that much remains to be done to challenge barriers to employment for many disabled people and to ensure they can secure and retain paid employment.

“Employers have a responsibility to provide and promote a good and harmonious working environment. Harvey did not experience that, he felt he had no option but to go off on sick leave and then it appears that no one contacted him to check if he was ok or to offer support. This is exactly why employers must have procedures and policies in place to allow them to deal promptly and seriously with complaints of discrimination or harassment and ensure that their staff know how to access these and that their managers are appropriately trained to use them,” she concluded.

We have asked B&M for further comment.