Laughing at someone falling over not harassment, rules tribunal

Caroline Yarrow Partner

In an article for HR Magazine, partner Caroline Yarrow comments on a recent case in which an ex-employee brought a legal claim against his manager, who laughed at him after he fell over in his workplace. The judge concluded that laughing at someone falling over was not harassment.

Kesarajith Perera filed the claim after his manager, Hesham Badra, made fun of him when he slipped on an oily spot at The George in Harrow, where he worked. Perera sued Stonegate Pub Company, the owner of the bar, for racial and religious discrimination after being fired in October of last year for an unrelated reason.

Caroline explained that:

‘If decisions are made, which might be viewed as detrimental, about an employee who has previously raised allegations of harassment, employers must provide reasons for such decisions which do not link back to the prior allegations. Failure to do so might end up in the matter being heard before an employment tribunal where the reasons for the decisions in question will likely come under significant scrutiny.’

Despite the judge’s statement that someone falling over has a ‘slapstick element’ likely to provoke laughter, Caroline Yarrow emphasises the importance for employers to investigate all claims of harassment thoroughly.

Read the full article on the HR Magazine website.

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