Council forks out £4k after high-ranking officer’s ‘offensive’ remarks

Shokat Lal was assistant chief executive of Rotherham Council when he made remarks to Yassir Mahmood which an employment tribunal ruled amounted to disability-related harassment at work.

Mr Lal, currently executive director of core services at Barnsley Council, was ruled to have told Mr Mahmood — then-procurement lead within the change and innovation department at RMBC  — that he should “manage his own life” and “it’s not the organisation’s responsibility” when Mr Mahmood made a request for flexible working arrangements.

Mr Mahmood, who worked from RMBC from 2017 to 2020, had requested support in managing his disability and taking care of his family, the tribunal heard.

Mr Lal told the tribunal he had not made comments as alleged in December 2019.

The panel heard Mr Mahmood had been born with club foot — a birth defect causing the feet to turn inwards — and undergone treatment in Pakistan, the country of his birth, as well as England, which had left him in “pain to his left leg and ride sick of his back”.

As a result, Mr Mahmood’s left leg is approximately four inches shorter than his right leg, he has no ankle or ankle joint, his left foot is half the size of his right foot which has no calf muscle.

According to tribunal documents, Mr Mahmood had asked to work from home four out of five days in a three-month period to accommodate his wife’s surgery for the hand condition carpal tunnel syndrome, while also taking care of his elderly mother and disabled son.

The request was rejected in November 2019 by his line manager, Tracy Osman.

In December 2019, Mr Mahmood formally appealed to Mr Lal, whom knew from their time together at Coventry City Council.

He stated that his “lifelong disability” affected his driving and ability to sit for long periods — which he said was “exacerbated” by a 92-mile per day round trip commute between Derby and Rotherham.

The panel heard Mr Lal had said he had “sympathy” for Mr Mahmood’s long commute, but had added that Mr Mahmood’s “deteriorating condition” was something “he would need to consider going forward” and it was Mr Mahmood’s responsibility to “manage his disability and support his family”.

The panel ruled that Mr Lal’s comments amounted to unwanted conduct and disability-related harassment, and “violated the claimant’s dignity”.  

They also concluded that comments made by Mr Lal did amount to unfavourable treatment, which had made Mr Mahmood feel “offended, humiliated and degraded”.

Mr Lal, who has also worked for Nottingham City Council, did not accept that the comments were related to Mr Mahmood’s disability but accepted he should have used “a different choice of words”, the panel said.

Mr Mahmood was awarded £4,881.11 at a Sheffield Employment Tribunal for discrimination arising from disability and harassment, and harassment by association with his son’s disability.

Several further claims, including unfairdismissal, discrimination and harassment, were dismissed.

Mr Lal is due to take up a senior role with Sandwell Council, who declined to comment as “it relates to an employment matter at another council”.

A spokesperson from Rotherham Council said: “The Council does not comment on individual cases.

“The council endorses flexible ways of working, making reasonable adjustments for employees where appropriate to do so and in accordance with policy and the Equality Act.”

Barnsley Council did not respond to a request for comment.