Many of us have experienced the frustration of having put our lunch in the office fridge, spending our morning looking forward to it, only to come back at lunch time to find it is no longer there. That’s bad enough as it is, but what if it hadn’t just been stolen, instead it had been destroyed and left for you to find?
That’s what happened to Brooklyn Forrester-Hayes, who had not long since started his shift at Scania truck depot in July 2023 when he visited the tearoom to get a drink, only to discover that his “lunch bag had been tampered with”. He found his “crisps smashed, chocolate bars crushed, and someone had opened his sandwich box and poked finger-sized holes through the sandwiches”, as well as tea leaves scattered all over his meal.
Forrester-Hayes, who had been working as an apprentice technician at the Swindon depot since February 2020, was ‘upset, dismayed and angry, and now had no food until he got home’.
From sandwich tampering to speedy sacking
Assuming the person responsible was another apprentice on the early shift, he told a colleague who was in the tearoom at the time that he was going to “f*** him up for it”, adding ‘If I see his f****** toolbox open tomorrow – I’m going to f*** everything up in there”. He subsequently messaged the person he suspected was the culprit “If i find out it was u … ur toolbox is f*****. If it was u ur paying for my lunch if u dont ill cut ur tyre valves off … simple.”
The next day, Scania learnt of the “abusive messages” Forrester-Hayes had been sending. They suspended him immediately and, after further investigation, he was sacked.
Mr Forrester-Hayes took Scania to an employment tribunal, who found that they were within their right to sack him, concluding that his behaviour was unacceptable and that “dismissal was necessary to protect employees”.
Banter beyond the boundaries
The tribunal heard that there was a culture of “banter” and “pranking” at the Scania truck depot, particularly amongst the five apprentices. They were known to regularly interfere with each other’s tools or toolboxes.
This case demonstrates how what some consider a bit of harmless fun to one person could be incredibly upsetting or humiliating to another. ‘Banter’ is too often used as an excuse to cover up unlawful attitudes and behaviours. Whilst in many workplaces, some good-natured banter may be appreciated and play a role in nurturing good workplace relationships, there is always a risk of a joke being taken too far or misconstrued.
Acting quickly to address bad behaviour
For employers, failure to adequately address inappropriate behaviours and creating a culture which does not facilitate diversity and inclusion can prove detrimental.
Where unwanted comments or actions violate someone’s dignity, or create an intimidating, humiliating, or offensive environment, it could be interpreted as harassment. If the behaviour relates to one of the protected characteristics outlined in the Equality Act, it could be a one-way ticket to an employment tribunal.
Having clear policies and zero-tolerance communication on workplace bullying and harassment can help protect organisations against claims, as can regular staff training and a culture of professionalism.
Organisations that experience issues with ‘banter’ in the workplace might also need to consider establishing clear standards of practice. This will help remove any element of improper behaviour and make clear that the workplace is an environment of respect and equality.
