Claimant v Walsall Metropolitan Borough Council

Tribunal found that a comment 'I'm like a voodoo doll with needles in her eyes' was made by Miss Shone on 17 July 2023 but the comment related to her own exhaustion from covering the claimant's shift. Although the conduct related to race and religion/belief, it did not have the purpose or effect of harassment. The comment was not directed at the claimant and was a poorly judged throwaway comment, not meeting the reasonableness threshold.

Tribunal found the comment related to Voodoo/Voodooism (a protected religion/belief) but did not have the purpose or effect of harassment. The claimant misheard/misremembered the comment. Taking account of his perception, other circumstances and reasonableness, the comment did not have the effect of violating his dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment.

The alleged failure of Mrs McKenzie-Plummer to intervene was considered. She did not challenge or intervene because she did not perceive there to be any issue. The Tribunal found this conduct did not have the effect of harassment taking into account the claimant's perception, the other circumstances and whether it was reasonable for the conduct to have that effect.

The alleged failure of Mrs McKenzie-Plummer to intervene in relation to the religion/belief harassment claim failed for the same reasons as the race claim. The conduct did not have the effect of harassment taking into account the claimant's perception, the other circumstances and whether it was reasonable for the conduct to have that effect.