In the case of Ms L S v Council – a social worker at the Council, brought a lawsuit alleging discrimination after being called ‘passive aggressive’ by her boss for eating crisps during a disciplinary hearing. The incident occurred amidst concerns about her conduct, including allegations of falsifying records and her behaviour during a crucial strategy meeting.
During the disciplinary process, Ms. LS, who was pregnant at the time of the hearing, defended herself, explaining that she ate crisps due to nausea. However, an employment tribunal dismissed her claims of harassment, sex discrimination, and pregnancy discrimination. The tribunal found that the ‘passive aggressive’ label stemmed from her behaviour during the hearing, not her pregnancy.
The tribunal heard that Ms. LS’s actions during meetings, including turning away from the camera and eating crisps, were perceived as disrespectful and confrontational. Despite her assertions that her behaviour was influenced by pregnancy-related discomfort, the tribunal concluded there was insufficient evidence to support this claim.
Consequently, Ms. LS’s lawsuit was unsuccessful, with the tribunal ruling against her on all counts, emphasizing that the disciplinary actions were based on her conduct rather than discriminatory factors.
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