A Sainsbury’s store manager, who was absent due to anxiety, has been awarded £12,000 for feeling excluded after not being featured in a social media post. Darren Cooper, a long-time employee of Sainsbury’s, expressed feeling humiliated and violated when his regional director posted a message celebrating male leaders on International Men’s Day without including him. Cooper, who joined Sainsbury’s in 1993 and had a strong connection to the company, went on sick leave in July 2022 and subsequently saw himself left out of the post in November of the same year.
The post, made by his line manager Matt Hourihan, praised male leaders in the team for their dedication and contributions to the stores across various regions. However, Cooper was not mentioned or tagged in the post, leading to further distress for him. Despite explanations from Hourihan that Cooper had removed himself from communication platforms and did not wish to be contacted, the exclusion had a significant impact on Cooper’s well-being.
Following multiple discussions about his return to work, Cooper was eventually dismissed in June 2023, leading to his legal action against the company for disability discrimination, harassment, unfavourable treatment, and unfair dismissal. The tribunal found that Hourihan’s deliberate decision to exclude Cooper from the post due to his absence amounted to unfavourable treatment related to his disability.
Although the tribunal dismissed some of Cooper’s claims, it ruled in his favor on the grounds of harassment related to disability and unfavourable treatment due to consequences of his disability. In a subsequent hearing, it was decided that Cooper would receive £11,852 in compensation, including £7,500 for the emotional distress caused by the incident.