Council manager's 'manage your own life' comments found discriminatory during flexible working appeal
A programme lead with a disability and caring responsibilities was awarded £4,881 after a council manager told him to 'manage your own life' during a flexible working appeal. The tribunal found the comments amounted to disability discrimination and harassment.
1 min read · Last updated 18 May 2026
Case details
- #disability-discrimination
- #harassment
- #harassment-by-association
- #flexible-working-request
- #appeal-outcome-letter
- #injury-to-feelings
Key facts
- The claimant was employed as a Programme Lead from 18 September 2017 to 21 May 2020.
- He had a lifelong disability affecting his left leg and foot, and his son was severely disabled.
- He requested flexible working (compressed hours and home working) due to his disability and caring responsibilities.
- His flexible working request was partially granted; compressed hours were approved but home working was refused.
- On 16 December 2019, Mr Lal (Assistant Chief Executive) told the claimant he needed to 'manage your own life' and that it was 'not the organisation's responsibility' to look after his family.
- The tribunal found these comments amounted to discrimination arising from disability, harassment related to disability, and harassment by association with his son's disability.
Timeline
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Employment commenced
Claimant started work as Programme Lead at Rotherham Metropolitan Borough Council.
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Disability disclosed to line manager
Claimant disclosed his disability to Ms Osman in early August 2019.
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Flexible working request submitted
Claimant submitted a formal flexible working request for compressed hours and temporary home working.
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Meeting to discuss flexible working request
Ms Osman and Mr Rollinson met with the claimant to discuss his request.
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Partial grant of flexible working request
Ms Osman granted compressed hours temporarily but refused regular home working.
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Appeal against flexible working decision
Claimant appealed the partial refusal of his flexible working request.
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Appeal meeting
Mr Lal, Ms Osman, and others met with the claimant to discuss his appeal.
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Appeal outcome meeting and letter
Mr Lal delivered the appeal outcome, making comments that the tribunal later found discriminatory.
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Occupational health report finalised
Occupational health report recommended home working to reduce driving pain.
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Interview for Programme Lead role
Claimant interviewed for the single Programme Lead role but was unsuccessful.
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Employment terminated
Claimant was dismissed on grounds of redundancy.
The legal issue
The tribunal had to decide whether comments made by a senior manager during and after a flexible working appeal meeting amounted to discrimination arising from disability, harassment related to disability, and harassment by association with the claimant's son's disability.
The outcome
The tribunal partially upheld the claimant's complaints. It found that comments made by Mr Lal (Assistant Chief Executive) on 16 December 2019, including telling the claimant to 'manage your own life' and that it was 'not the organisation's responsibility' to look after his family, were discriminatory.
The claimant succeeded in claims of:
- Discrimination arising from disability
- Harassment related to disability
- Harassment by association (with his son's disability)
However, the tribunal dismissed the claimant's other claims, including unfair dismissal, which was found to be a genuine redundancy.
Compensation awarded: £4,881.11 (injury to feelings only, no financial loss as dismissal was fair).
Lessons & takeaways
- Employers must ensure that managers are trained not to make dismissive or judgmental comments about an employee's disability or caring responsibilities during meetings.
- When handling flexible working appeals, employers should focus on the business case and avoid personal remarks that could be seen as discriminatory.
- Even if a dismissal is fair (e.g., redundancy), discriminatory comments made earlier in the employment can still lead to compensation for injury to feelings.
- Employees who experience discriminatory comments during flexible working processes should consider raising a grievance and seeking legal advice promptly.
A flexible working appeal that went wrong
This case shows how a manager's offhand comments during a flexible working appeal can lead to a successful discrimination claim, even when the underlying dismissal is fair. The claimant, a Programme Lead with a lifelong disability and a severely disabled son, had requested compressed hours and home working. The council partially granted his request but refused home working.
During the appeal meeting, the Assistant Chief Executive told the claimant to 'manage your own life' and that it was 'not the organisation's responsibility' to look after his family. The tribunal found these comments were discriminatory, as they were clearly related to the claimant's disability and his caring responsibilities for his disabled son.
What the council could have done differently
The council could have avoided liability by ensuring that appeal meetings focused on the business reasons for the decision, rather than making personal remarks. Managers should be trained to recognise that comments about an employee's personal life, especially when linked to a disability, can be discriminatory. A more measured response would have been to explain the business rationale for refusing home working without implying the employee was failing to manage his own life.
Why this matters for similar claims
This case is a reminder that discrimination claims can succeed even where the employee's dismissal is fair. The comments were made during a flexible working appeal, not at the point of dismissal, but they still caused injury to feelings. The tribunal awarded £4,881.11 for injury to feelings, reflecting the distress caused by the comments. For employees, it shows that discriminatory remarks should be challenged, and for employers, it highlights the need for respectful communication at all stages of employment.
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