Leaflet found to be a form of bullying resulted in successful tribunal claim
A Network Rail employee has won a racial harassment and unfair dismissal claim after an anti-Islam EDL leaflet was placed in his locker as part of an ongoing pattern of bullying.
The tribunal found that the leaflet and later incidents including leaving threatening newspaper clippings were deemed racial harassment, even though employee was not Muslim. The behaviour formed part of a sustained campaign of intimidation by colleagues. Network Rail failed to properly investigate, showing a “laissez faire” attitude that effectively enabled the bullying
The employee was also unfairly dismissed, with the tribunal concluding that the company removed him as the “easiest option” rather than addressing the perpetrators.
Employers must take harassment complaints seriously and investigate properly. Failing to act can amount to supporting workplace bullying and lead to liability, even where discrimination is based on perception. Should you have any litigation concerns over handling of sensitive situations, contact us on 0800 9995 121 to discuss further.

