Care manager with personality disorder harassed by 'chimp' taunt and bad reference

What this case shows in practice

This case highlights how disability harassment can take many forms, including subtle digs and post-employment actions. The claimant, a registered manager for a domiciliary care company, had emotionally unstable personality disorder, which he himself referred to as 'his chimp'. When a colleague texted about 'a certain person and his chimp', the tribunal found this was harassment related to disability – it mocked the claimant's condition. Similarly, a physical push and a bad reference that cost the claimant a job were also linked to his disability.

What the employer could have done differently

The employer could have avoided liability by taking the claimant's disability seriously. Instead of allowing a culture where a colleague could make a 'chimp' joke, they should have trained staff on disability awareness. The bad reference was particularly damaging – the tribunal found it was influenced by the claimant's disability, not his performance. Employers must ensure references are objective and not tainted by discriminatory attitudes.

Why this result matters for similar claims

This case is a reminder that disability harassment claims can succeed even where the employee has less than two years' service (so no unfair dismissal claim). It also shows that post-employment acts, like a bad reference, can be challenged. However, the claimant's reasonable adjustments claim failed because he did not formally request time off for medical appointments. Employees should make clear, written requests for adjustments to protect their rights.