A Currys employee who claimed that he was the victim of race discrimination by the retailer, after his mug went missing from the office, has been found not guilty.
Mr Habib , who worked as a credit support assistant in the south of England branch, won a part of his claim for breach of contract. He was awarded PS1,210 in damages. This figure represents the amount he owed in notice pay.
Other claims of sexual harassment, failures to make disability accommodations, and unfair dismissal were unsuccessful, the latter because the employee had not worked for the company for at least two years.
The court found that the mug incident was part of Habib’s claim for race discrimination and “upset Mr Habib tremendously”, according to the court.
The judge noted that “his colleagues probably thought his anger was out of proportion with the loss of the mug.”
Ms Andrews, the Data and Operations Manager (who interviewed Habib in December 2022 for the position) testified to the tribunal that it was understood in the workplace that all mugs are communal if they are left in the kitchen. Employees who wanted to take a mug home were expected to wash it, and then bring it to their desk.
Habib left his mug on the counter in the kitchen. A colleague, Ms Farmer told him that it was possible that someone else had used the mug. She offered to search the office for the mug with Habib.
The tribunal did hear that Habib had “probably given his colleagues reason to think that he considered the loss of that mug to be theft.” This is likely to be the cause of some resentment against him.
Andrews, when Habib claimed to the tribunal that he was cold-shouldered by his colleagues, revealed that Habib in fact had gone out for drinks after work and had continued to participate in WhatsApp group chats with them. Habib didn’t dispute this.
‘Social isolation’
The judge stated that “social isolation is a terrible situation.” It is sad to say it, but it appears that Mr Habib, although he may not be able to handle the subtleties of social interaction at work, lacks social skills which could have helped to ease tensions around the mug issue.
Habib accused Mrs B. of sexual harassment by asking why he did not have children, and rubbing his bosom. He claimed that she would leave an empty bottle of “Juice Burst” on his desk. He said that the phrase had a sexual connotation. Habib was not interested in Mrs B’s sexuality. Habib had asked her whether she was married and she responded that she was with two children. Habib’s allegations were dismissed by the tribunal as “incredible”.
Request for Holidays
Andrews refused to grant Habib’s request for five weeks of leave in order to travel to Pakistan and attend weddings. He eventually offered 2.5 weeks. Habib claimed this was racial bias, but could not prove it to the tribunal. Andrews explained that the business was busy and that he should focus on his performance, as it was his first year at the company. Currys also had a strict policy that allowed no more than two weeks of holiday leave.
Habib felt Farmer was entitled to four weeks of leave. The tribunal heard, however, that Andrews did not want to lose her as she was an excellent candidate for employment. She had also booked the holiday prior to joining Currys.
Habib was fired in March 2023. The tribunal gave him three weeks of notice pay as there was no mention in the notice that a probationary period was to be followed and therefore, he should have been entitled to a month’s worth of notice.
Legal Comment
Jennifer Wright, an associate at Birketts in the employment department, told Personnel Today the case brought up questions about neurodiversity, emotional intelligence, and other issues. She stated: “This is a warning for employers and employees on how small misunderstandings escalate into conflict.” The tribunal’s remarks about Mr Habib not being able to “handle the subtleties of social interaction” raises questions about neurodiversity and emotional intelligence. It also highlights the importance for employers to implement workplace policies which facilitate understanding and foster inclusion.
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