A 42 year old woman told the employment tribunal that she was attacked in July 2008 at a work party by a colleague and discovered that she was HIV positive later that year. Charmaine Wakelin, said at the time of the alleged attack she was working as a personal assistant at the retail giant's head office in north west London. The tribunal heard that Ms Wakelin's ten-year marriage collapsed and she went on to suffer depression. Her mental and physical health worsened, her relationship with her employers deteriorated and she was sacked by the company in 2012. She claimed that the new manager had leaked information about her HIV diagnosis to a colleague.
The employment tribunal found in Ms Wakelin's favour on three of he sixteen allegations. Speaking after the ruling, Ms Wakelin said:
"At the time, the word HIV conjured up horrific flashbacks of the rape. I couldn’t even say HIV out loud. It was absolutely the worst thing that could have happened to me in my life. I was mortified that I had contracted something that I had spent my whole life trying not to get. I was absolutely, fanatically, religiously self-protective against HIV, having grown up in South Africa and being very aware of HIV and Aids. I suffered self-stigmatisation and believed that God was punishing me for being a bad person"
Marks & Spencer said they were 'extremely disappointed' by the ruling. A spokesman said:
'M&S prides itself on being an equal opportunities employer and works hard to create a positive and inclusive workplace.'
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