Council spent ‘well over’ £60,000 fighting case of worker upset by pot plant on desk

A COUNCIL worker, who claimed he was the victim of racial harassment because a colleague put a pot plant on his desk, has won his case, leaving the taxpayer with a bill of thousands of pounds.

Benyam Kenbata, sued Westminster council, after claiming he had been victimised when his view was blocked by a large pot plant.

The 34-year-old complained that the action amounted to racial segregation and discrimination as it “restricted the ease with which he could hold discussions with colleagues”.

He took the case to a tribunal and after a two-year battle has successfully won the case on the grounds of racial harassment and victimisation.

The row began in Dec 2013 when Zinnie Denby-mann, a support officer, put a plant on her desk, opposite Mr Kenbata, a capital programme manager. It was not until a few months later that he lodged a formal complaint.

In 2015 Mr Kenbata went to London Central Employment Tribunal and made 29 allegations of direct discrimination, racial harassment and victimisation.

It ruled against him, finding that Mr Kenbata “acted in bad faith in making the race discrimination complaint arising from an overgrown pot plant” and ordered him to pay £10,000 costs. But it found in Mr Kenbata’s favour on one count, ruling the discussion about the complaint with his boss, which took place in an open-plan office, amounted to victimisation as it should have happened confidentially.

Mr Kenbata appealed and a judge said the case should be re-examined. This week the tribunal ruled that “the discussion in the open-plan office was racial harassment”. However, the tribunal ruled there was no racial discrimination. It said he should still pay £10,000 costs as he had acted “unreasonably” with respect to other claims. However, Westminster Council is estimated to have spent “well over” £60,000 defending the claims.