Late-night text is ‘harassment’, claims chef

A BUSINESSMAN has been sued for harassment after he sent a Whatsapp message to a colleague after midnight.

Hemanta Mainali, a Waitrose sushi chef, was furious at being woken up in the early hours of a Saturday morning, an employment tribunal heard.

The tribunal heard that Mr Mainali’s working relationship with Sumin Lohani, with whom he co-owned the business they worked at, had deteriorated so badly that a fortnight later, the pair ended up having a violent confrontation in public.

Mr Mainali ended up leaving the business and sued Mr Lohani, claiming he had been forced out as part of a deliberate campaign. However, his case has been thrown out after a judge ruled that Mr Lohani had not meant to disturb him on purpose.

The tribunal heard: “On Jan 4 2020, at about 12.29am, Mr Lohani sent out the rota for the following week. He sent it to the employees of (the company) who would be working at the kiosk that week, including (Mr Mainali).

“He sent it via Whatsapp. He did not send it to (Mr Mainali) only.”

The tribunal heard he angrily responded: “This is very wrong to post at midnight. Go ---- yourselves,” to which Mr Lohani replied: “Watch your mouth, I didn’t ask you to check now.”

The hearing was told Mr Mainali left the business, New Godalming Sushi Ltd, at the end of the month.

He took the company to the tribunal claiming to have been the victim of a “campaign” to force him out of his job, but his complaints of harassment and disability discrimination were dismissed.

However, Mr Mainali’s complaint that he was forced to leave without his contracted six months notice period was found by the tribunal to be a breach of contract. He is entitled to damages, and the parties have been left to agree an “appropriate sum” among themselves.