Some tribunal cases are so bizarre that they can leave you wondering, “How on Earth…?”

From offhand remarks to sudden dismissals, here are 10 of the most unusual employment tribunal cases of 2024.

Bizzare Tribunals

1. “Back in Your Day” Could Be Discriminatory

An employment tribunal in April concluded that saying “back in your day” to an older colleague could constitute “unwanted conduct” and potentially be discriminatory.

Judge Patrick Quill noted that although there was no clear evidence the comment was made, such remarks could be illegal if they highlight age differences. The case involved Ms. Couperthwaite, a nursing assistant in her sixties, who sued her employer for discriminatory dismissal and harassment.

Her claims were dismissed due to a lack of evidence, but the judge remarked that the comment could have been unlawful if proven.

2. “Frumpy Trousers” Comment Was Below the Belt

In May, a female director at an investment management firm lost her claims for unfair dismissal, sex, and race discrimination. She alleged harassment after an HR director commented that her trousers made her look like a “frumpy grandmother/auntie.”

While the tribunal acknowledged that the comment was “unwanted conduct related to sex,” it dismissed the claim as it was filed outside the allowable time limits.

3. Lecturer Unfairly Dismissed for Leaving Work Early

A lecturer at New City College in Hornchurch was awarded over £50,000 after being unfairly dismissed for shifting his lesson times to leave work early. The tribunal found that a fair disciplinary process was not followed, and that a warning or training would have been more appropriate than dismissal.

Judge Howden-Evans ordered compensation, noting the dismissal fell outside the band of reasonable responses.

4. Sushi Comment Was Not Racist

A claim for direct race discrimination against SOAS University of London failed after a Japanese language specialist accused her manager of harassment. The tribunal found that a comment about enjoying sushi was intended as friendly small talk.

The judge noted that the remark was made with the belief it would be positively received, aiming to establish a point of shared interest.

5. Dismissal of Professor Was “Astonishing”

Ireland’s Workplace Relations Commission described the unilateral dismissal of an economics professor by University College Cork as “astonishing.” Wim Naudé was awarded €300,000, the largest award against a public sector employer in Ireland.

The HR director had no authority to dismiss him, and proper procedures were not followed. Naudé’s exceptional performance and difficulties in relocating due to the pandemic were overlooked, leading to his unfair dismissal.

6. Woman Unfairly Dismissed After Working Unpaid for 20 Years

A woman who worked unpaid at a family-owned convenience store for 20 years successfully claimed unfair dismissal.

Despite working a minimum of 40 hours a week, her requests for wages were repeatedly denied. She was eventually paid sporadically without proper records, leading to her resignation and successful tribunal claim.

Judge Moore concluded she was constructively dismissed for enforcing her right to the national minimum wage.

7. German Police Officer Dismissed for Stealing Cheese

In a bizarre case from Germany, a police officer lost his appeal after being dismissed for stealing 180kg of cheddar cheese from an accident scene. The officer claimed the cheese was “released,” but the court found him guilty of theft and issued a fine.

The incident occurred after the officer asked for undamaged cheese packs from an overturned refrigerated truck and took them to the police station.

8. Dismissed Under Non-Existent Zero-Tolerance Policy

An Apple Store employee in London won his unfair dismissal claim after making a joke about COVID-19 to a Chinese colleague. The tribunal found that the dismissal was based on a non-existent zero-tolerance policy.

The employee argued that racial stereotypes were often joked about within the team, and he did not intend to offend. The tribunal ruled that relying on a non-existent policy for dismissal was unreasonable.

9. Security Guard’s Dismissal for “Banter”

A security guard at a shopping centre was dismissed for making what he described as “banter” to a colleague. The tribunal found the comments inappropriate and constituting harassment, but noted procedural flaws in the dismissal process.

The guard’s claim for unfair dismissal highlighted the need for clear and consistent policies on acceptable workplace behaviour.

10. Misunderstanding Leads to Unfair Dismissal

A retail worker was dismissed after a misunderstanding with a customer over a refund policy. The tribunal found that the employer did not investigate the incident properly and awarded the worker compensation for unfair dismissal.

The case underscored the importance of thorough investigations and clear communication in disciplinary matters.

These cases highlight the complexities and unexpected twists in employment tribunal decisions, shedding light on the everyday challenges faced in

Source – https://www.personneltoday.com/