AN ASTHMATIC has been awarded £17,000 compensation against a former employer who failed to stop smoking in her presence. The ruling could have wide-ranging implications for companies across Britain.

Karen Whitehead, 34, worked at the Granby Island Community Centre in Plymouth for only 45 days, but because she was registered disabled she was entitled to sue for unfair dismissal after being sacked for taking 16 days off sick.

An employment tribunal in Plymouth was told that during an appraisal she told her boss about her problem with the smoky environment only to have him light up twice in front of her.

Miss Whitehead said she became ill in her first week while working as an administrator in a room where smoking was allowed. She complained to the community centre’s development manager, Sam Swabey, and was moved to the no-smoking reception area. But the centre failed to enforce the no-smoking rule.

Miss Whitehead was also expected to sort out the post and Mr Swabey’s diary in his office, where he was smoking as many as 30 cigarettes a day.

Mr Swabey told the tribunal that he was addicted to nicotine. He claimed he was unaware that Miss Whitehead was asthmatic until the appraisal in March and never asked her why she had taken so much time off sick.

Mr Swabey told the tribunal he did not accept that Miss Whitehead was a disabled person under the Disability Discrimination Act until he received the first letter informing him there was to be a tribunal. He added: “During the appraisal I did raise the issue about her absences from work but I felt it was about her not believing she was capable of doing the job.”

The tribunal agreed that as an asthmatic Miss Whitehead’s sacking was an act of discrimination contrary to the Disability Discrimination Act of 1995.

The centre is to appeal.

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