Employment Tribunal rules laughing at co-worker is not harassment

An employment tribunal has ruled that laughing at someone when they fall at work is not harassment.

The tribunal's conclusion came at the conclusion of a case where a pub worker - whose manager laughed out loud when he slipped over at work - sued for racial harassment after a fall. The judge ruled that the "slapstick" nature of taking a tumble means some might find the "misfortune of others" amusing.

Kesarajith Perera took Stonegate Pub Company to an employment tribunal claiming he was being racially targeted when Thameera Bandara laughed at him taking a tumble, and even accused the team leader of putting oil on the floor deliberately. Perera later admitted the spot where he'd slipped was "prone to spillages". Mr Perera's claims of racial and religious harassment were thrown out.

The tribunal heard that in January 2020 Mr Perera started working as a kitchen team member at the George Pub in Harrow, north London. He slipped and fell over in the kitchen in March of that year, something Mr Bandara laughed at. Mr Perera was dismissed that October following failure to provide documentation for his proof of right to work in the UK.

Perera took the pub's owners to the tribunal complaining of racism, however, Mr Perera's claims were dismissed and the panel ruled his suggestion that Mr Bandara put oil on the floor deliberately was "ridiculous".

Employment Judge David Maxwell ruled: "While 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."

The panel concluded that the laughter did not concern Mr Perera's race or religion. "Unfortunately, it appears to us, Mr Perera has a tendency to jump to conclusions when he encounters misfortune," the panel said."

Furthermore, Mr Perera's allegation was undermined by his own evidence, that the location where he fell was prone to spillages."

However, the judge ruled in Mr Perera's favour over unlawful deductions of wages and awarded him £1,426.11, and £908.91 for the pub's "abysmal" paperwork, after it failed to give him written particulars of employment.