UK Tribunal Overturns Dismissal For Prank At Work: A Win For Workplace Banter?
Published date | 04 April 2024 |
Law Firm | Littler Mendelson |
Author | Ms Kate Richards and Lisa Coleman |
A recent decision by the Watford Employment Tribunal in Richardson v West Midlands Trains Ltd saw a train driver reinstated and awarded '40,000 after he was found to have been unfairly and unlawfully dismissed for performing pranks on a colleague. Given the increase in claims relating to "banter" over the past couple of years, this appears to be great news for fans of Punk'd everywhere.
But does this mean employees can dust off their whoopie cushions and begin making plans to prank their unsuspecting colleagues ahead of April Fools' Day without risk of disciplinary action up to and including dismissal?
Case Summary
The case involved two pranks made on the same colleague. Following a conversation where the colleague indicated a squeamishness about insects and spiders, the Claimant placed a tarantula's shed exoskeleton in her pigeonhole at work. The Claimant had hoped to elicit a reaction of momentary shock, followed by relief once the colleague realised it was "merely" a shed skin and not a live tarantula. The colleague was distressed and required another colleague...
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