Shorter Reads

Laughing at someone falling over not harassment, rules tribunal

Associate Daniel Zona and Trainee Solicitor Luke Naylor comment on this slippery case.

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Published 13 April 2023

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Kesarajith Perera took former employer Stonegate Pub Company to an employment tribunal with allegations of racial and religious harassment and cited an incident where he slipped on an oil spill at The George in Harrow in 2020 as evidence. Perera was laughed at by team leader Thameera Bandara after his fall and even claimed that Bandara had intentionally spilled oil to cause him to slip.

The judge ruled that laughing at someone when they fall over at work did not constitute harassment in this case.

Employers must be able to distinguish between complaints of harassment under the Equality Act 2010, which naturally involve an element of discrimination, and general complaints of bullying which do not necessarily involve discrimination.

For the former, a complaint of harassment would also likely amount to a ‘Protected Act’ if it relates to discrimination. Therefore, even if a complaint of harassment is unfounded, as with Mr Perera, an employer could risk a further complaint of victimisation if they cause any detriment to the employee because of their complaint.

For more information, please visit our Employment Lawyers page.

These comments were first published in HR Magazine on the 13th of April 2023.

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Shorter Reads

Laughing at someone falling over not harassment, rules tribunal

Associate Daniel Zona and Trainee Solicitor Luke Naylor comment on this slippery case.

Published 13 April 2023

Associated sectors / services

  • Employment law for employers

Authors

Kesarajith Perera took former employer Stonegate Pub Company to an employment tribunal with allegations of racial and religious harassment and cited an incident where he slipped on an oil spill at The George in Harrow in 2020 as evidence. Perera was laughed at by team leader Thameera Bandara after his fall and even claimed that Bandara had intentionally spilled oil to cause him to slip.

The judge ruled that laughing at someone when they fall over at work did not constitute harassment in this case.

Employers must be able to distinguish between complaints of harassment under the Equality Act 2010, which naturally involve an element of discrimination, and general complaints of bullying which do not necessarily involve discrimination.

For the former, a complaint of harassment would also likely amount to a ‘Protected Act’ if it relates to discrimination. Therefore, even if a complaint of harassment is unfounded, as with Mr Perera, an employer could risk a further complaint of victimisation if they cause any detriment to the employee because of their complaint.

For more information, please visit our Employment Lawyers page.

These comments were first published in HR Magazine on the 13th of April 2023.

Associated sectors / services

  • Employment law for employers

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