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Dismissal fair for telling a fasting colleague to hide food in his beard

A college lecturer, who told a colleague who was fasting during Ramadan that he should hide food in his beard to eat on the sly, had his claim for unfair dismissal rejected by an employment tribunal.

In Parker v Blackburn College, Parker (P) was dismissed for gross misconduct after racially harassing colleagues. During Ramadan, the employer found that Parker said to a colleague, Mr Hussain (H), “tell you what mate this fasting is killing you; you look like s**t just look at your eyes” and then suggested H could hide food in his beard to eat on the sly. Later P said, “You’ll be all right won’t you mate, you could hide a sandwich box in there” [referring to H’s beard]. P had also made comments to a colleague, Mr Yousef, about a friend who was African and had a tan line on his arm where his watch had been. He said he “couldn’t believe he had a tan line” and “I didn’t think black people could be blacker than they are”.


This update provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and the judgments made in every aspect of the case. Click on the links to access full details. If no link is provided, contact us for more information.  Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, SM&B cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.

 

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