Man fired over ‘banter’ wins unfair dismissal claim
A HEATHROW airport worker has won an unfair dismissal claim for being sacked following a series of pranks with his boss that had gone too far, according to a report.
An employment tribunal heard that Terminal 2 baggage handler Krishan Bhardwaj and manager James Lee were engaged in a playful working relationship which went too far, reported the MailOnline.
Bhardwaj lost additional claims of racial and sexual harassment, and is now in line to receive compensation, the report added.
The Watford tribunal heard he had worked as a baggage handler for around 14 years. One colleague described the pair as ‘best friends’. However, Lee complained about Bhardwaj’s behaviour after their banter boiled over and became personal. Initially, Bhardwaj ignored his boss’s complaints about him, believing his behaviour had simply been part of their working environment. Eventually, he was fired following a disciplinary investigation.
According to the report, the employment tribunal ruled that Bhardwaj was unfairly dismissed by logistics company Dubai National Air Travel Agency (Dnata), after audio recordings of his abusive behaviour were not revealed to him until an appeal hearing.
The tribunal heard Lee and Bhardwaj regularly played pranks on each other in the communal staff area. Lee tied Bhardwaj’s shoelaces together while he slept on his break in November 2018. Next year, Bhardwaj advised his boss about a potential health and safety risk of a flight they were working on. Though the issue was initially dismissed by Lee, it was referred to the duty manager who was grateful for the information, the MailOnline report added.
Later, Bhardwaj complained Lee used to ‘bear hug’ him from behind, which was annoying’.
The report added that in April 2019 the pair had a disagreement outside the break room, during which Lee called him ‘P*ki’, ‘Big Nose’ and saying he would ‘make sure’ he lost his job.
Bhardwaj ‘snapped’, calling his boss a ‘stupid c***’ and saying ‘I’m gonna knock him out, you think I’m joking…’. The incident was recorded by another colleague, though both men involved were unaware of this.
According to Bhardwaj, Lee’s ‘inappropriate behaviour’ began to escalate between April and June.
The tribunal heard that in an email to bosses, Lee complained of aggressive ‘play fights’ instigated by Bhardwaj, which led to him suffering from ‘bruises.’ He also wrote of other colleagues regarding him as ‘lazy’ and being on the receiving end of ‘verbal abuse’ about his weight from Bhardwaj.
An investigation was launched into the allegations. During the meeting, Bhardwaj claimed that his conduct towards Lee was merely ‘banter’ and ‘banter was in my blood’.
The tribunal heard other colleagues were interviewed during the process – one of whom handed bosses his recording of the April incident. Bhardwaj was invited to a disciplinary hearing in late July.
By July-end, he was dismissed for gross misconduct. Bhardwaj appealed the decision and was shocked to finally hear the audio recording at his appeal hearing.
The MailOnline reported his appeal was rejected, and he launched tribunal claims soon afterwards. Following the hearing, Employment Judge Patrick Quill ordered the dismissal was unfair and a remedy hearing will be held to determine compensation.