In the case of Mr K S Perera v Stonegate Pub Company Ltd a worker at The George pub in Harrow was laughed at by his boss when he slipped over on a patch of oil in the kitchen. He then sued his employer for racial and religious harassment, after being sacked from the pub in October 2022 over an unrelated matter, following his failure to produce documentation for his proof of right to work in the UK.
Mr Perera claimed that his boss’ laughter at his tumble amounted to solid evidence of harassment. But the claims were dismissed, with employment judge David Maxwell saying the “slapstick element” of someone falling over was likely to cause laughter. Mr Perera also alleged that the oil was put there on purpose by his boss, which the judge branded “ridiculous”.
The Judge wrote: “We accept that Mr Bandara laughed when the [Mr Perera] slipped and fell over. Whilst it might be tempting to hope that one colleague would only ever react in a sympathetic way towards the misfortune of another, common experience suggests this is not always the case.
“The slapstick element of a fall may prompt laughter. We do not find, as Mr Perera suggested that Mr Bandara put oil on the floor deliberately to cause this fall. The suggestion is a ridiculous one and without any evidence whatsoever. Unfortunately, it appears to us, the claimant (Mr Perera) has a tendency to jump to conclusions when he encounters misfortune. Furthermore, the claimant’s allegation was undermined his own evidence, which was to the effect that the location where he fell was one prone to spillages.”
The tribunal, held in Watford, heard that Mr Perera started working at the pub in January 2020 as a member of the kitchen team, and had the fall in March. The panel concluded that the laughter had nothing to do with Mr Perera’s race or religion.
The hourly rate offered to the Claimant was £8.31, being the national minimum wage rate at this time. The panel did rule in Mr Perera’s favour regarding unlawful deductions of wages and awarded him £1,426.11. He was also given £908.91 for the pub’s “abysmal” paperwork after he was not given written particulars of employment.
This provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and the judgments made in every aspect of the case. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, we cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.
