Thackray Williams

A disabled student from London has won her employment tribunal claim against clothing retailer Abercrombie and Fitch. A central London employment tribunal held that Riam Dean had been unlawfully harassed for a reason related to her disability; however her claim for direct disability discrimination was rejected.

Miss Dean, aged 22, who has a prosthetic limb claimed that she was ‘diminished’ for not fitting Abercrombie and Fitch’s all-American image. She had originally been given permission to wear a cardigan to cover her false arm but was later informed that this did not fit with Abercrombie and Fitch’s strict “Look Policy” that covers everything from an employee’s hairstyle to length of finger nails. Miss Dean was informed that she would need to work in the stockroom and she subsequently resigned.

The tribunal upheld Miss Dean’s claim that she had been unlawfully harassed for a reason related to her disability, which resulted in her feeling humiliated and consequently suffering a loss of confidence. Miss Dean was therefore awarded a sum of £6,800 for injury to feelings and in addition to this £136 basic compensation and £1,077 for loss of earnings.

What is interesting about this case is that the figures awarded are relatively high in light of the fact that the findings of the employment tribunal were based on the events of a single day. Employer should take note of this decision and always act with caution when dealing with employees who fall within the Disability Discrimination Act 1995.

For more information about the Disability Discrimination act or employment law generally, contact Emma Thompson on 020 8290 0440 or email: emma.thompson@thackraywilliams.com