A caretaker for Birmingham City Council has won a tribunal case after he was subject to a series of incidents involving bullying and threats of violence, including his manager deliberately breaking wind on him while he was eating lunch.
This incident occurred just two months after the caretaker, who was granted anonymity by the tribunal, joined the council in October 2020. The tribunal heard how his manager was said to have found it ‘amusing’ to break wind on his younger colleague, saying: ‘You have got a lot to say for yourself for a newcomer’ and warned him about trying to get a more senior role: ‘I can get rid of you like I have the others in the past.’
The manager’s behaviour escalated to threats of physical violence as he warned the Claimant ‘not to mess with him because he hits very hard’ and threatened him with a chair. When the Claimant reported this behaviour to his supervisor, the manager responded by calling him a ‘grass’ and threatened his job security.
The caretaker raised a grievance and went on sick leave. He was called to a disciplinary hearing regarding allegations that he shouted and swore at a colleague (which he could not attend due to ill health) before resigning in October 2022. Reasons cited in his resignation letter were the Council’s refusal to address his grievance, the mishandling of his disciplinary process, and the ongoing harassment.
The manager attempted to downplay his actions, which the judge ruled were ‘outside the realms of acceptable workplace banter’ and that the incident legally qualified as ‘age discrimination’ due to the animosity towards his ‘ambitious’ younger colleague. The judge concluded that the Claimant’s resignation was a direct result of the Council’s failure to protect him from the manager’s behaviour. Council officials admitted that the caretaker had been constructively dismissed and should not have faced the allegations.
The tribunal found that the manager’s actions amounted to age-related harassment and direct age discrimination, but those claims were dismissed as they had not been presented within the requisite time limit. However, the claim of unfair constructive dismissal succeeded.
James Roddy, Employment Tribunal & Employment Law Consultant comments:
“It’s clear that the manager’s behaviour went far beyond what any reasonable employer would consider ‘banter’. Such conduct, including threats of violence, is wholly unacceptable in any workplace. Employers must ensure that all staff, particularly those in managerial positions, understand the difference between appropriate workplace interactions and conduct that could be perceived as discriminatory or harassing.
It is interesting to note that the Tribunal issued an anonymity order in this case (under Rule 50 of the Employment Tribunal Rules of Procedure 2013) as such orders are not granted routinely. This order was put in place to protect the identity of the Claimant, likely due to the sensitive nature of the issues involved, particularly the distressing impact of the workplace environment.”
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