In the spirit of the season, we’re decking the halls with 12 unforgettable workplace mishaps of this year because who says the 12 Days of Christmas should only be about partridges and pear trees?
1. Age Discrimination: A windy workplace incident
Lee Marsh, a manager at Birmingham City Council, was found guilty of age discrimination after an unusual incident involving a younger colleague. Marsh reportedly found it amusing to pass wind on the colleague while he was eating lunch.
This incident was part of a broader pattern of hostility, with Marsh allegedly threatening younger colleagues and making comments such as, “If any of you youngsters get this job… I will tell you to f**k off”. The younger employee, who later resigned after being on sick leave, was found to have been constructively dismissed. The tribunal ruled that Marsh’s actions went beyond acceptable workplace banter and constituted harassment and age discrimination.
2. Murder charges and missteps: Care Assistant wins in the tribunal
Jacqueline Difolco, a care assistant at a residential nursing care provider, was charged with murder in 2022. The company dismissed Difolco due to reputational concerns after her name appeared in the press, without investigating whether the charges would reasonably cause damage. The tribunal ruled her dismissal unfair, decided that she was entitled to over £1,800 for her loss of earnings but because she would have been dismissed regardless the award was reduced to nil.
Difolco was later acquitted of all murder charges.
3. AI and Advocacy: The Job Applicant Who Filed 4,600 Claims
Dr Christian Mallon, who has autism, ADHD, and dyspraxia, used AI to apply for 4,600 jobs. He then brought claims against companies that failed to accommodate his requests for a job criteria before the interview. He sought a 5-10 minute call before interviews to discuss the job application but sued for disability discrimination when companies did not comply. Over five years, Mallon has won approximately £35,000 in out-of-court settlements. Although he denies accusations of exploiting the system, stating his goal is to highlight discriminatory practices.
4. The Christmas Miracle: How a Tree Toss Took Down a Disability Claim
Kamila Grabska, who claimed that a car crash left her with debilitating back and neck injuries, leaving her unable to work for over five years, seemed to have found a new career; throwing Christmas trees. Grabska, who was happily collecting disability payments, went on to file a €760,000 claim in the Irish courts for her supposed “disabling” condition.
The judge tossed out her claim when a photo surfaced showing her effortlessly hurling a 5-foot Christmas tree at a charity event. The picture, featured in a national newspaper, even had her proudly holding up a winner’s certificate leaving the judge to conclude that Grabska’s claim was entirely exaggerated.
5. Arachnid Antics: Tarantula Prank Costs £42,000
Train driver Mr. Richardson’s attempt at workplace humour, placing a tarantula exoskeleton and later a snakeskin in a colleague’s pigeonhole, backfired spectacularly. While Richardson intended the pranks to elicit harmless surprise, the tribunal found his dismissal for gross misconduct was disproportionate. The judge ruled that his actions, while childish, did not warrant termination and awarded him £42,000 for unfair and wrongful dismissal.
6. Sushi Small Talk: Tribunal Dismisses Racial Harassment Claim
A Japanese professor’s claim of racial harassment was dismissed after a colleague mentioned Japanese food, suggesting her family enjoyed this cuisine. The tribunal found the comment to be an attempt at small talk rather than discriminatory behaviour. However, it noted the importance of sensitivity when discussing cultural topics in the workplace.
7. NHS Nostalgia: Saying “Back in Your Day” Causes Tribunal Trouble
A nursing assistant, Margaret Couperthwaite, who is in her 60s, claimed age harassment after a younger colleague commented that an operation had been free on the NHS “back in your day”.
The claim was dismissed, but the tribunal found that the expression highlighted the age gap between the two colleagues which could amount to unwanted conduct. In the future, the tribunal suggested that they could accept similar arguments that this was unwanted conduct relating to age.
8. Frumpy Fashion: Trouser Remark That Didn’t Sit Well
Ms. Zhang, a deputy design director, filed multiple claims against her former employer, including harassment, after a HR director commented that her trousers made her look “frumpy”. Zhang argued that the comment was linked to her gender and aimed at diminishing her dignity. While the tribunal agreed that the remark constituted unwanted conduct related to sex, it ultimately dismissed the harassment claim as the incident occurred outside the statutory time limit.
9. The Power of a Greeting: Unfair Dismissal over “Hello”
Nadine Hanson won her unfair dismissal claim after her manager, Andrew Gilchrist, ignored her greetings on three occasions. Hanson had arrived late to work after a medical appointment and greeted Gilchrist, who claimed he was busy and did not recall the incident. Hanson later resigned and claimed that his treatment made her feel anxious. The tribunal ruled that the managers behaviour breached her trust and confidence and did not find his evidence convincing.
10. Rotting Crabs and Resignation: Health and Safety Whistleblower Wins Claim
John Coleman, a health and safety manager for a seafood supplier, resigned after his warnings about 12 tonnes of rotting crabs went unheard. The company had reportedly been suffering financially and health and safety were “no longer a priority”. After 27 years with the company, his resignation led to a successful constructive dismissal claim based on the fact he raised health and safety concerns. Coleman was awarded £9,256 in compensation.
11. 20 Years Unpaid: The Convenience Store that Didn’t Add Up
An employee who worked unpaid for over 20 years at her parents-in-law’s convenience store took action after being denied fair wages. Despite working more than 40 hours weekly, there were no records of her working hours and she was denied holiday pay. In 2022 she was promised a meagre wage of £250 per week, which is just £6.24 an hour. When her request for official pay slips and proper recognition was denied, she resigned. The tribunal ruled that she was constructively dismissed, citing her efforts to enforce her right to the national minimum wage.
12. Early Exit, Big Payout: Lecturer Awarded £53,400
A lecturer, Mr. Barbrook, faced allegations of falsifying student records and leaving work early without permission. However, the tribunal found that New City College’s actions were unjustified, as it failed to present evidence and ignored a verbal agreement allowing Barbrook to adjust his schedule for a 3 hour commute on a Friday. The tribunal accused the College of constructing a case against him to fit a pre-determined outcome. His dismissal was ruled unfair, and he was awarded £53,400 in compensation for loss of earnings and damages.
For further information, or to discuss the issues raised within this article, please contact us to speak to a member of our Employment Team.
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