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'Slapstick' | Employee's laughter at colleague who fell over was not harassment, says judge

Employee's laughter at colleague who fell over was not harassment, says judge

A pub worker tried to sue their former employer after a colleague laughed at them when they fell over at work.

Kesarajith Perera took former employer Stonegate Pub Company to an employment tribunal with allegations of racial and religious harassment. And to back up his claims, he gave evidence of an incident where he slipped on a pool of oil while working at The George in Harrow in 2020, causing him to fall down and resulting in chuckles from team leader Thameera Bandara.

Perera was sacked from his position at the pub last October after failing to provide proof of his right to work in the UK.

Following his dismissal, Perera launched a tribunal appeal process with claims of race and religious harassment. He provided many examples of incidents in the workplace that constituted this harassment, the standout of which was Bandara’s reaction to his fall – even claiming that Bandara had deliberately put oil on the floor to cause him to fall.

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