Woman wins payout after boss coughed in her face during Covid pandemic
Judge finds that boss ‘deliberately and loudly’ coughed at employee with autoimmune disease
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Your support makes all the difference.A woman has won a sizeable of over £26,000 from her former employer after her boss deliberately coughed in her face during the Covid pandemic.
Judge Tobias Vincent Ryan said that employer Kevin Davies set out to “ridicule and intimidate” the woman over her health concerns.
Mr Davies, 62, owns the Wales-based cars and property company Cawdor Cars, and is the father of Wales rugby player Gareth Davies. The tribunal heard that the woman had worked for the company in west Wales between 2017 and 2020, with the incident taking place just before the UK’s first lockdown.
She had asked fellow members of staff to socially distance from her – as per government guidance at the time – due to her psoriatic arthritis and autoimmune condition. She had complained “vehemently” about her treatment, even to the police, the hearing was told.
Judge Ryan found that Mr Davies had mocked his employee for this with, the coughing incident in particular being called “appalling”. He also said other member’s of the management team had overheard the incident, but came across “defensively and as not being wholly straightforward”.
One member of staff was even said to be consistently “making light of the situation and apparently smirking or laughing during his evidence”.
Judge Ryan said: “She resigned at least in part because she was victimised; this was a major and significant factor in her decision. She felt that she was being eased out partly because of her complaints. She was correct.”
He ordered the woman receive a payout of £26,438.84 – £18,000 from Cawdor Cars in damages for injury to feelings, a futher £3,841.94 from Mr Davies for unfair dismissal, plus £4,596.90 in interest.
Speaking after the hearing, the woman said: “He knew of my medical condition. He knew I had no immune protection because of the medication I had to take, and he deliberately coughed in my face.
“I was shaking. I’m not a silly, fluffy person, I’ve had to put up with a lot in my life, but it really got me.”
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