A recent Employment Tribunal decision highlights the importance of maintaining employee safety and professional conduct in the workplace, even where informal "banter" and pranks form part of the culture.
Many will remember the Friends episode where Ross Geller became deeply distressed after a colleague ate his Thanksgiving leftover sandwich —culminating in the now-iconic outburst, "MY SANDWICH?!" While that scene was played for laughs, it reflects a deeper truth: personal triggers can spark strong reactions and that seemingly minor acts can escalate if workplace culture and boundaries are not managed carefully.
Background
Brooklyn Forrester-Hayes was diagnosed with ADHD at the age of 5 and took medication until the age of 14. He began employment as a garage apprentice at a Scania truck depot on 3 February 2020, aged 16. As one of five apprentices at the depot, he was part of a team where a culture of banter and practical jokes was common. The culture had previously led to friction. In 2021, Mr Forrester-Hayes received a final written warning for grabbing a fellow apprentice "by the collar and held on to him" after the colleague had wrapped one of his tools in electrical tape. This incident was noted as a pivotal moment in his disciplinary record.
The Lunchbox Incident
In July 2023, Mr Forrester-Hayes discovered that his lunch had been tampered with; his crisps were crushed, finger-sized holes had been poked through his sandwiches, his chocolate bars were damaged, and tea leaves were sprinkled over his lunch. Following the prank, Mr Forrester-Hayes threw his lunch into a bin and reported the incident after an exchange with another apprentice. He threatened to harm a co-worker, confronted other co-workers while demanding someone take responsibility and sent a series of aggressive messages over a period of time on Snapchat. These messages were reported, leading to Mr Forrester-Hayes' suspension and eventual dismissal upon the conclusion of a disciplinary process.
Decision
The Employment Tribunal ruled that the dismissal of Mr Forrester-Hayes was fair, despite his claims of unfair dismissal and disability discrimination relating to his ADHD. The Tribunal found that:
- Mr Forrester-Hayes satisfied the loose causation test under the Equality Act 2010, i.e., the messages arose as a consequence of his ADHD, namely his tendency to act impulsively. However, this had no bearing on the effect of those messages on the recipients, and Scania's legitimate aim of protecting employees meant that Mr Forrester-Hayes' dismissal was held to be proportionate.
- It was legitimate for Scania to take the view that Mr Forrester-Hayes' ADHD did not excuse his conduct, particularly as the threats were sent over a period of time and to more than one person. While a relevant consideration, Mr Forrester-Hayes' ADHD did not excuse or justify the nature of the threats.
- Mr Forrester-Hayes' conduct amounted to gross misconduct.
- The disciplinary process followed by Scania was reasonable.
- The decision to suspend and ultimately dismiss Mr Forrester-Hayes was within the range of reasonable responses. Scania was entitled to take the view that notwithstanding the Mr Forrester-Hayes' ADHD, his behaviour was unacceptable, and the dismissal was necessary to protect its employees.
Lessons for Employers
This case highlights the importance of employers carefully balancing workplace culture against the individual circumstances of employees, particularly where banter and pranks are common, as this can very easily escalate. Such a culture does not override reasonable behavioural expectations or justify misconduct even where actions, or reactions, may have arisen in consequence of a disability. It is crucial for employers to draw the line for staff regarding acceptable behaviour and address any problematic behaviour, even if it is disguised as banter. Ensuring a respectful and safe work environment for all employees must remain a priority.
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