We’ve all been there: we put our lunch into the fridge at work, spent the morning anticipating it, and then come back to lunch to find that it has disappeared. It’s bad enough that it was stolen. But what if the lunch had not been taken, but instead destroyed and left out for you to discover?
Brooklyn Forrester Hayes, who was just starting his new job at Scania Truck Depot in July 2023, went to the tearoom for a drink and discovered that his “lunchbag had been tampered” with. Brooklyn Forrester-Hayes found that his “crisps had been smashed and his chocolate bars crushed. Someone had also opened his sandwich box, poking finger-sized holes in the sandwiches”, and tea leaves were scattered over his meal.
Forrester-Hayes had been an apprentice technician in the Swindon Depot since February 2020. He was “upset, distraught and angry” and had now no food until he returned home.
From sandwich tampering, to rapid sacking
He assumed that the culprit was an apprentice working the early shift and told a co-worker who was present in the tearoom, “I’m going f*** up everything in his toolbox tomorrow”. He then sent a message to the person he thought was responsible: “If I find out that it was you… your toolbox is f *****. If you were the culprit, u’re paying for my meal if u don’t ill cut off your tyres valves… simple.”
Scania learned the next day of Forrester-Hayes’ “abusive” messages. He was suspended immediately, and after further investigation he was fired.
Mr Forrester Hayes brought Scania before an employment tribunal. The tribunal found that Scania was within its rights to dismiss him. They concluded that his behavior was unacceptable and “dismissal” was necessary in order to protect the employees.
Banter outside the boundaries
The court heard that Scania’s truck depot had a culture of “bantering” and “pranking”, especially among the five apprentices. The five apprentices were well known for stealing each other’s toolboxes or tools.
This case shows how something that some people consider harmless fun for one person can be extremely upsetting or embarrassing to another. The term ‘banter’ is often used to hide illegal attitudes and behaviors. While banter can be an important part of building good relationships in the workplace, it is not always appreciated.
Quickly addressing bad behavior
Employers can be negatively affected by failing to address inappropriate behaviors and creating a culture that does not promote diversity and inclusion.
When unwanted comments or actions create an intimidating, embarrassing, or offensive atmosphere, they could be considered harassment. If the behavior is based on one of the protected traits outlined in Equality Act it could lead to an employment tribunal.
Regular staff training, a professional culture and clear policies on bullying and harassment at work can protect your organisation from claims.
It is possible that organisations who have issues with workplace banter may also want to establish clear standards. This will remove any improper behaviour, and ensure that the workplace is a place of equality and respect.
