A 21 year-old garage trainee has lost a claim at an employment tribunal for unfair dismissal, after threatening his colleague over the alleged tampering of his lunch.
Brooklyn Forrester Hayes, who worked for Scania in Swindon truck depot, claims he was unfairly fired after reacting to a joke he thought was played by another apprentice.
In July 2023, Forrester-Hayes found damage to his sandwich, including finger-sized dents, broken crisps, and tea leaves scattered. He sent several colleagues threatening messages demanding that someone take responsibility for the damage.
The tribunal heard how, despite a “culture” of banter and pranks amongst apprentices at Scania, Forrester-Hayes was dismissed after Scania reviewed abusive messages that he sent. The company determined that Forrester-Hayes’s behaviour was a serious violation of conduct, and posed a threat to other employees.
Forrester Hayes filed claims for unfair dismissal and disability discrimination. He also claimed harassment, failure to provide reasonable accommodations, and that his ADHD was not being treated. The Bristol employment tribunal rejected all claims, ruling that the employer was within its rights to dismiss the employee.
Workplace culture and prior warnings
Forrester Hayes began working at Scania’s depot in February 2020. He joined as a technician apprentice at 16 years old. The tribunal heard there had been a pattern of practical jokes, and interference with tools and personal belongings by the apprentice group for a number of years.
In 2021, he had received a written final warning for an earlier workplace altercation. In response to an electrical tape-wrapped tool, Forrester Hayes grabbed his colleague by the collar. A supervisor intervened, and disciplinary measures were taken.
Forrester Hayes found his lunch tampered in the tearoom shortly after he started his shift on July 20, 2023. Documents from the tribunal state that his sandwich box was opened, chocolate and crisps were damaged, and teabags were scattered.
He was frustrated, and he didn’t want to eat for the rest the day. So he began asking colleagues questions. He made verbal and written threat and assumed that the culprit was an apprentice who worked the previous shift.
Forrester Hayes told a co-worker in the tearoom, “I’m going to fuck up him for it”. He added: “If I see the toolbox tomorrow, I will fuck up everything in it.”
He sent another apprentice a Snapchat message, saying: “If I find out that it was you… your toolbox is fucked.” If you were the one who did it, I’ll cut off your tyres if you don’t.
Tribunal rules dismissal a proportionate response
Scania launched an internal investigation after the incident was reported the following day to a foreman. The next day, Scania began an internal investigation after Forrester Hayes sent aggressive messages. However, no one admitted that the lunch had been tampered with. He was later fired and suspended.
Forrester Hayes said during the hearing that he acted impulsively because of ADHD and did not consider the implications of his messages. He claimed that his employer failed to consider the condition and did not make reasonable adjustments.
The tribunal found that, despite the fact that his health condition was taken into account, the threats made were grave and the employer had the right to dismiss him for the behavior. The decision stated that dismissal was “necessary to protect employees”, and that the company followed a fair procedure in making its decision.
Forrester-Hayes’s claims for disability discrimination, harassment, and unfair dismissal were all dismissed.
This case is a good example of how informal cultures can lead to unacceptable behaviour that escalates into complaints, harassment claims, or even legal action.
