'Concerns RE...' | Worker's distress after boss left sensitive file about her in view of staff

An employee became visibly distressed after accidentally viewing a document titled "Concerns Re Liv" on her manager’s screen - a document about her - without receiving any apology, an employment tribunal has heard.

The tribunal also found that Barnwood Trust - a charity supporting disabled people and people with mental health conditions - failed in its duty to make reasonable adjustments for the claimant, Olivia Tilley, who was disabled under the Equality Act due to epilepsy, Functional Neurological Disorder (FND), and neurodivergent conditions.

The document, which was in large bold font and left open on manager Nicola Mosley’s computer, was seen by Tilley on 9 January 2023. Although she did not initially read its contents, the heading alone caused her significant distress. The incident led to a hastily convened meeting with senior staff later that day.

The tribunal concluded that the practice of leaving sensitive documents open and viewable in shared spaces placed disabled employees like Tilley at a disadvantage and amounted to a failure to make a reasonable adjustment.