Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+

Latest NewsRetailSex discrimination

Tesco worker wins sex discrimination claim after PTSD incident

by Jo Faragher 18 Aug 2021
by Jo Faragher 18 Aug 2021 Toby King was dismissed after absence related to post-traumatic stress disorder
Robert Convery / Alamy Stock Photo
Toby King was dismissed after absence related to post-traumatic stress disorder
Robert Convery / Alamy Stock Photo

A Tesco worker who suffers from post-traumatic stress disorder (PTSD) has won a sex discrimination claim after he was trapped in a room by his female boss.

Mr King, who is 6ft tall, said his line manager Ms Francis had “falsely imprisoned” him at work. He then said his complaint was ridiculed by other managers, who said he could not be frightened by a “little woman” – Francis is 5ft 4in.

Sex discrimination

Sex discrimination awards 

Trauma and stress: Supporting workers’ families

King told the employment tribunal that he had been “berated” by Francis in December 2018 because he was not being as flexible as she would like around his availability for shifts.

At the time he was studying to become an electrician and was balancing another job with his hours at Tesco in Aylesbury, Buckinghamshire.

There had already been meetings to discuss his absence, where King had discussed a change in medication for his PTSD. The new medication was giving him side effects and making him “angry and bitter” by his own admission.

Then in December 2018, Francis, who was five months’ pregnant at the time, took him into a staff room to discuss his shifts, but King felt uncomfortable and went to open the door to leave.

He told the tribunal that Francis put “her foot against the door” and “physically prevented” him from leaving the room. CCTV footage then showed him squeezing himself out of the door.

King had told managers at Tesco about his PTSD, which had been triggered by an incident when he worked for the Prison Service and was held hostage.

He was then signed off work in February 2019 after a relapse of his PTSD left him unable to leave the house without crying.

He had provided Tesco with sick notes during this time but was dismissed for repeatedly failing to show up for work and not attending a disciplinary meeting. However, Tesco said it had never received his sick notes.

Francis told the tribunal that she was managing 18 or 19 people at the time and had become “forgetful” due to pregnancy-related ill health, which caused her to forget the difficulties King suffered due to his PTSD.

Employment Judge Judith George said in her judgment: “Ms Francis did not think Mr King would be intimidated by her or would take her actions in the room seriously because he was a 6ft man and she a 5ft 4in woman.

“Her words cause us to [think] that her mindset was partly based upon his sex – upon him being a man and not simply upon them being of different sexes.”

The judge also ruled that Tesco had not reasonably investigated Francis’ own conduct, but did not find that the absence of an investigation amounted to sex related harassment. The tribunal did find that King’s dismissal had been direct sex discrimination, however.

Another hearing will be held to determine King’s compensation in due course.

Sign up to our weekly round-up of HR news and guidance

Receive the Personnel Today Direct e-newsletter every Wednesday

OptOut
This field is for validation purposes and should be left unchanged.

Commenting on the case, Jane Fielding, head of employment at law firm Gowling WLG, said: “Although it remains the case that the vast majority of sex discrimination claims are brought by women, this case shows that the risks of making decisions based on stereotypical assumptions apply equally to male employees.  It also suggests a lack of understanding of the impact of PTSD and the need to consider it properly in the decision-making process.”

Employee relations opportunities on Personnel Today


Browse more Employee Relations jobs

Tesco
Jo Faragher

Jo Faragher has been an employment and business journalist for 20 years. She regularly contributes to Personnel Today and writes features for a number of national business and membership magazines. Jo is also the author of 'Good Work, Great Technology', published in 2022 by Clink Street Publishing, charting the relationship between effective workplace technology and productive and happy employees. She won the Willis Towers Watson HR journalist of the year award in 2015 and has been highly commended twice.

previous post
Menopause protected characteristic not ruled out, says MP
next post
Few workers feel employer encourages them to look after health

You may also like

Consultation launched after Supreme Court ‘sex’ ruling

20 May 2025

RCN warns Darlington NHS trust over single-sex spaces

16 May 2025

EHRC bows to pressure and extends gender consultation

15 May 2025

So what does the election of a new...

9 May 2025

‘Unacceptable to question integrity’ of Supreme Court judgment

2 May 2025

Trans ex-judge to appeal Supreme Court biological sex...

29 Apr 2025

EHRC: Interim update on single-sex spaces draws criticism

28 Apr 2025

Opposition to Supreme Court sex ruling is ‘wishful...

22 Apr 2025

Eight new equality laws in the pipeline

10 Apr 2025

Darlington nurses’ changing room case delayed to October

3 Apr 2025

  • 2025 Employee Communications Report PROMOTED | HR and leadership...Read more
  • The Majority of Employees Have Their Eyes on Their Next Move PROMOTED | A staggering 65%...Read more
  • Prioritising performance management: Strategies for success (webinar) WEBINAR | In today’s fast-paced...Read more
  • Self-Leadership: The Key to Successful Organisations PROMOTED | Eletive is helping businesses...Read more
  • Retaining Female Talent: Four Ways to Reduce Workplace Drop Out PROMOTED | International Women’s Day...Read more

Personnel Today Jobs
 

Search Jobs

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
OHW+
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2025

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2025 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+