Woman with breast cancer told she was 'lucky to have boob job'

Aggie Kownacka (left) was diagnosed with breast cancer in May 2018

A woman with breast cancer has won a tribunal after her boss said she was lucky to have a "free NHS boob job".

A tribunal heard Aggie Kownacka, who worked for Textbook Teachers in Rutland, was asked by manager Sharon Paul why she needed time off, as "it's only early stages of cancer".

The hearing also found Ms Paul had told Ms Kownacka it was "no big deal" she would be forced into menopause aged 37.

The judge ruled the comments were harassment but not discrimination.

'Lack of empathy'

The employment tribunal heard Ms Kownacka had worked as an account manager for the recruitment agency, based in Oakham, since June 2017.

The hearing found she was good at her job and a valued member of the team.

The comments made by Ms Paul, owner and managing director of the recruitment agency, were said to have been made in June and July 2018, following Ms Kownacka's diagnosis with breast cancer that May.

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During a phone call on 6 June 2018, the tribunal heard Ms Paul said to Ms Kownacka: "It's not like you're going to die" and asked her: "What do you need that amount of time off for?... It's only early stages of cancer."

During the same call she added Ms Kownacka should leave her treatment to her doctors and "focus on filling jobs for September", asking "what would you do with all the time at home?"

She also told her she was taking her condition "too seriously" and it was "no big deal" she would be forced into menopause at the age of 37 and no longer able to conceive children.

The tribunal found Sharon Paul, owner and managing director of Textbook Teachers, said her employee was "lucky" to have a "free NHS boob job"

During another call on 18 June, the hearing found she said: "Aggie are you ready to come back yet? I'm having to come in and fill in for you".

Ms Paul also asked Ms Kownacka if she was happy with her "new breast size" and if she was going to have another "free boob job".

The tribunal heard during a further call on 13 July, Ms Paul said Ms Kownacka would have a high libido due to the hormone treatment.

Ms Kownacka resigned from the company in December 2018.

Although Ms Paul denied making the comments, the tribunal - which was held remotely during January and March - found "on balance, it was more likely than not [they]... were said".

Ms Kownacka won her claim for harassment related to disability, but her claims for direct disability discrimination and failure to make reasonable adjustments were dismissed.

Employment Judge Martin Brewer said: "She [Ms Paul] was, we find, intending to engage with the claimant in what were clearly difficult circumstances but, in doing so in the manner set out, she showed a lack of insight, sensitivity and empathy."

"We are in no doubt that Ms Paul's comments had the effect of violating the claimant's dignity and of creating an offensive environment for her."

Textbook Teachers have been contacted for a comment.