Recent Employment Tribunal cases include an NHS nurse being awarded £41,000 in compensation after being left out of the tea round, finding that offering a chair to an older colleague could constitute age discrimination, and claims being brought around greetings cards – both receiving an unwanted birthday card and not being given a leaving card.

Kate Palmer, Employment Services Director at Peninsula, says “The modern workplace is a minefield for employers, as these tribunal rulings clearly show. And with a myriad of changes on their way when the Employment Rights Bill passes into law, including the proposed creation of a new regulatory body that can bring claims to tribunal on workers’ behalf, it’s more important than ever that businesses get things right.

“It is proposed that the Fair Work Agency will have the power to sue employers on behalf of workers who have a claim but do not want to bring one. By giving the Fair Work Agency these powers alongside the ability to provide legal support to an employee raising the claim themselves, it increases the risks and chances of one being made.

“Although this specific proposal doesn’t alter any of the laws a business must comply with, they will want to be extra confident they have done everything they can to prevent a claim being made. Not only is it an extra party to satisfy, but a claim brought by the Fair Work Agency will put the business firmly on the governments radar, likely attracting more attention than a claim brought by an individual.

“Unscrupulous employers who may knowingly take risks banking on the fact the individual isn’t aware of their rights may find themselves caught out by this proposed amendment. As recent rulings have shown, even the ‘most innocent’ mistake can see employers hauled in front of a tribunal judge facing a claim of discrimination.”

So, what can, and can’t you do in the workplace? Let’s take a look.

Making a cup of tea

The recent case of Hamilton v Epsom and St Helier University Hospitals NHS Trust saw Susan Hamilton awarded £41,000 for unfair constructive dismissal. The claim was widely reported as having been brought due to the complainant having been left out of the office brew run, but it was far more than that; the tribunal found that was just one part of a wider campaign to exclude the complainant over an extended period of time.

Something as simple as making a cup of tea, however, is never as simple as it seems. From the person who makes a ‘bad brew’ to forgetting to include someone in a tea run, there are many ways the humble brew run can go wrong. This country runs on tea and coffee, so ere are two options here for employers – either everyone makes their own drinks, or you make sure to check with all team members when making a round.

Offering a chair

The tribunal judge in Edreira v Severn Waste Services Ltd found that offering a chair to an older worker could count as age discrimination, although the claim was dismissed. The key here is intent. Mr Edreira claimed that he had been offered a chair due to his age, but the employer said it was because of health concerns following an operation.

Employers are required to look at each employee’s needs as part of their duty of care under health & safety legislation. Consider any health conditions or medical needs and look at reasonable adjustments. These would be different for every individual, but the process of determining adjustments should be applied equally for every employee.

Greeting cards

Giving an employee a greetings card may not seem too contentious, but even this can cause headaches for employers. Claims have been brought to tribunal by employees who received a card when they didn’t want one, didn’t receive a card when others did, and received a card that contained inappropriate comments

Of course, you can give employees and colleagues cards to mark birthdays, work anniversaries or significant life events, but remember that both age and sex are protected characteristics under the Equality Act. While a risqué greeting card may be funny to your friends or family, there is no place for them in the workplace and comments like those resulting in the claim brought by Lisa Vickers are entirely inappropriate. Save the jokes and have a policy that ensures all employees birthdays and special occasions are marked in the same way, unless someone specifically opts out.

Team nights out

Changes to sexual harassment legislation have put work social events firmly in the spotlight, but it’s not just events organised by the company that pose a risk for employers. In the case of Leher v Aspers, a tribunal awarded almost £75,000 in damages finding that deliberately excluding a colleague from a work drinks night out amounted to victimisation.

Make sure that all employees know your policies on harassment, bullying and victimisation and are clear on the behaviours that are and are not acceptable. A social event after work can be classed as an extension of the workplace, so the same rules that apply during working hours are also applicable here.