The Consequences of Deliberate Coughing During the Pandemic

The recent case has underscored the serious implications of intentionally coughing at someone during the pandemic, as a prominent car firm executive has been instructed to compensate his female employee a total of £26,438.84 for damages and injury to feelings.

Kevin Davies, the father of British Lions and Wales rugby star Gareth Davies, was found to have intentionally coughed in the direction of a female employee at his car sales and property business in Wales. The incident took place just a week prior to the announcement of the first lockdown in 2020. The woman, who suffers from psoriatic arthritis and an autoimmune condition, had requested her colleagues to maintain a social distance from her due to her health concerns, which Mr. Davies disregarded by loudly coughing in her direction.

The employee, who served as a manager in the property rental division of Cawdor Cars, vehemently expressed her concerns and eventually resigned from her position less than three months after the incident, attributing the coughing incident as a significant factor in her decision. Consequently, in response to the resignation and the victimization she experienced, the employment tribunal ruled for a compensation of £26,438.84, with the company being held responsible for £18,000 in damages for injury to feelings and Mr. Davies personally paying £3,841.94 for unfair dismissal and £4,596.90 in interest accrued since the coughing incident.

Following the ruling, the female employee conveyed how the incident had left her as a “nervous wreck”, attributing her medical condition and Mr. Davies’ deliberate coughing as the cause of her extreme distress. Despite her resilience, she acknowledged the profound impact the experience had on her, underscoring the seriousness of the boss’s actions.

In addition to the financial repercussions, the case also spotlighted the unethical conduct exhibited by the management team of Cawdor Cars. During the tribunal, it was disclosed that the management team members who had witnessed the coughing incident did not provide entirely truthful testimonies, revealing a culture of defensiveness and lack of transparency within the company.

The severity of the judgment serves as a warning to businesses and employees alike, underscoring the significance of upholding professional conduct, particularly during a global health crisis. It serves as a reminder of the legal and moral obligations of employers to ensure the safety and well-being of their employees, particularly those with underlying health conditions.

In light of these events, it is evident that the pandemic has heightened awareness of health and safety protocols, as well as the legal and ethical repercussions of actions that endanger the health of others. Kevin Davies’ case serves as a cautionary tale and a reminder of the substantial ramifications for individuals and businesses that fail to uphold the necessary standards during challenging times.

The incident involving Kevin Davies has brought to light the repercussions of harmful behaviour and the crucial significance of respecting the health and well-being of others. As individuals and businesses navigate the ongoing challenges of the pandemic, it is imperative to consider the impact of our actions on others and to prioritize empathy and understanding.