Ghosts, ghouls … and grievance hearings 👀
As Halloween creeps in, we’re shining a (pumpkin-spiced) spotlight on some real-life Employment Tribunal cases that might just send a shiver down every employer’s spine.
Because while haunted houses are scary, what’s truly terrifying is a preventable workplace claim.
At Thrive Law, we’ve rounded up a few worrying-but-true cases and the lessons they hold for anyone managing people – from small business owners to HR professionals.
“Weirdo” Remark
Mr James, who has autism spectrum condition, was employed by the charity The Venture (Wrexham) Ltd.
A senior officer (rather than “a manager”) called him a “weirdo.”
The Tribunal found discrimination arising from disability, harassment related to disability, failure to make reasonable adjustments, unauthorised deductions from wages, and victimisation under the Equality Act 2010.
He was awarded £17,154.86, including £15,000 for injury to feelings, plus interest and wage deductions.
Example of the offending comment: the senior officer said: “Why can’t you be ordinary and perfect like the rest of us? Jokes aside, having always been something of a weirdo myself, I have some sympathy…”
Lesson: Words matter. Even offhand remarks can have a deep and lasting impact and lead to serious legal consequences.
Mr N James v The Venture (Wrexham) Limited (Case Number: 1601001/2024)
The Flatulent “Prank”
A local authority manager thought breaking wind near a colleague paired with age-related jokes would be funny.
The Tribunal didn’t agree. The manager’s conduct was found to be harassment related to age, creating an intimidating and humiliating environment.
Learning: Humour shouldn’t come at the expense of respect. What’s funny to one person might be humiliating to another.
XYZ v Birmingham City Council (Case Number: 1301436/2023)
The “Family Helper” Who Worked for Free (for 20 Years!)
An individual worked in a family-run convenience store for about 20 years, largely unpaid, from about 2002 to 2022.
Among the findings: she worked regularly, was expected to work 40 + hours a week, was denied minimum wage, and when she asked for wages she was made to clean toilets/stockroom as “punishment”.
The Tribunal found she was constructively unfairly dismissed for exercising her right to the National Minimum Wage, and the employment judge made a comment to that effect.
Lesson: Always be clear on employment status. Good intentions don’t override legal obligations.
Mrs P Mehat v Mehat Six Bells Limited (Case Number: 1600414/2023)
When “Darth Vader” Nicknames Turn Dark
Nicknames might feel like harmless fun until they create a culture of exclusion.
The employee (Mrs Rooke) worked for NHS Blood & Transplant.
During a team-building exercise, a colleague completed a “Star Wars-themed personality quiz” on Mrs Rooke’s behalf and labelled her the “Darth Vader” personality type.
The Tribunal found this formed part of a detriment following a protected disclosure (whistleblowing), rather than direct harassment under the Equality Act 2010.
Mrs Rooke was awarded around £28,989.61 in compensation.
Lesson: Banter can easily cross the line. Respect should always be part of your workplace culture.
Mrs L Rooke v NHS Blood & Transplant (Case Number: 2300130/2022)
Even the strangest workplace behaviour can have serious legal consequences. This Halloween, make sure the only things haunting your business are pumpkins and not Employment Tribunal claims. If you’d like to review your policies, training, or workplace culture, our friendly employment team can help you put the right protections (and prevention) in place. Get in touch with us at enquiries@thrivelaw.co.uk
Disclaimer: Please note this blog is for reference purposes only and is accurate as of the date it was published. It does not constitute legal advice and should not be relied upon as such. Specific legal advice about your individual circumstances should always be sought before taking, or deciding not to take, any action. Please contact us if you have any questions at enquiries@thrivelaw.co.uk
