Breaking wind at younger colleague ruled as age discrimination
A manager at Birmingham City Council has been found guilty of age discrimination after breaking wind on a younger colleague and making threats of violence. Lee Marsh, in his late fifties, was said to have found it “amusing” to break wind on a younger colleague, employed as a caretaker, eating his lunch.
An employment tribunal heard that after the incident, Marsh told the younger worker, who was in his mid-30s, “I can get rid of you like I have the others in the past.” The younger worker eventually went on sick leave before resigning in October 2022, after being summoned to a disciplinary hearing, which he could not attend due to ill health.
The judge at a tribunal in Birmingham ruled that the incident legally qualified as age discrimination because the older manager harboured animosity towards his “ambitious” colleague. However, the younger man will not be awarded damages on that issue because the claim was brought too late.
In its report, the tribunal said that Marsh had also made other age-discriminatory comments and threats towards the younger man, including telling him “not to mess with him because he snaps, and he hits very hard.”
What can employers learn from this case?
This case highlights the importance of creating a respectful and inclusive workplace environment. Employers should:
- Take bullying and harassment seriously: Any form of bullying or harassment, including age discrimination, should be investigated promptly and addressed with appropriate disciplinary action.
- Promote a culture of respect: Foster a workplace culture that values diversity and respects all employees, regardless of their age.
- Provide training: Train employees on workplace harassment policies and procedures, and ensure that all employees are aware of their rights and responsibilities.
By taking these steps, employers can help to prevent discrimination and create a positive work environment for all employees.
For employers requiring further guidance or assistance with HR, Health & Safety, Employment Law or eLearning, Supportis are here to help. Contact us today for a free consultation at [email protected] or on 0161 603 2156.
