April Fool’s Day – what could possibly go wrong! 

With April Fool’s Day falling on a weekday, we wanted to provide a reminder that workplace “jokes” can seriously cause offence and backfire on the “joker” and their employer!

It’s clear to see from the following cases, that not all employees or Tribunal Judges have the same opinion when it comes to workplace pranks!  The workplace also extends to company social events, including those outside of working hours.  Our advice is to avoid pranks at all costs, if you think that a prank, a song, or even a joke may cause offence, then please don’t bother! Horseplay at work regularly leads to injuries, it’s really just not worth it!

It’s also worth pointing out that employees can also be personally liable for fines, not just the employer.

Prank emails amounted to bullying and harassment

In this case, Carol Hurley, worked as deputy finance business partner for East Sussex Healthcare NHS Trust from October 2016 until her resignation in September 2018.

In August 2017, Hurley was sent fake emails by her line manager, who pretended that she had to give a presentation the next day as a practical joke.  The email sent was to “remind” her of a three-hour presentation she had to deliver to the senior management team the following day, faking an additional email purportedly sent from a general manager to corroborate the story and convincing her “she must have forgotten”. Other people in the office were also in on the joke.

Carol Hurley went on to make a claim against her employer and in 2021 an ET agreed that this was no laughing matter and ruled that the “joke” amounted to bullying and harassment and awarded her almost £10,000.

How did a law firm get it so wrong?

In another case, a female employee, who cannot be named and is referred to as Person A, had joined a law firm as a trainee, just three months before the incident, which took place at the Company Christmas party in 2017.

She told the Solicitors Disciplinary Tribunal that the male partner – who can also not be identified as he submitted an anonymity order on grounds of his health – had sung that her “vagina is lovely”.

The ET heard that the partner had sung the song after Person A, urged him to “say something outrageous”.

The partner also moved his fist upwards at the start of the song, cupping his right hand and moving it in front of his genitals. Person A was “shocked and humiliated” by his actions and the song.

The incident was filmed, and Person A made a complaint 18 months later after she was overlooked for a role as a newly qualified solicitor. She said she had delayed reporting the incident because she felt vulnerable as a trainee.

The partner told the ET he was “extremely embarrassed” by his actions and “recognised his behaviour was vulgar”.

The ET ruled that he had been motivated to behave in such a manner after the invitation from Person A, but went on to say, “the words used, the gestures that he elected to deploy, the fact that he was a partner, at a work event, with colleagues present and in a public setting represented a grave breach of his position of trust”.

The partner was fined £23,000 for misconduct and £22,800 in costs.

Let’s (NOT) Do It!

In October 2021, Mr Nunns began his role as head chef at the Windermere Manor Hotel. Nunns alleged that Mr Wilson, the hotel’s general manager and the second respondent in the claim, made inappropriate comments and sexual references to food. He gave an example of when the claimant held a cucumber and Wilson had made a suggestive look and said: “Do you need some time alone dear?”

The claimant also referred to Wilson faking an orgasm when eating food he had prepared, followed by a hug, a kiss on the forehead, and what Nunns described as “mildly dramatised dry humping”. He also stated that in January 2022, Wilson sang The Ballad of Barry and Freda – Victoria Wood’s comic song about a sexually frustrated wife and her intimacy-fearing husband – in front of him. During the song, “Let’s Do It” Wilson attempted eye contact with Nunns and made gestures.

Nunns won his claim and at a remedy hearing in April 2024, was awarded £35,656 in damages plus £34,000 for injury to feelings. The respondents will also have to pay £9,463 in interest.

Train driver unfairly dismissed after tarantula prank!

Mr Richardson had been working for West Midlands Trains since 2018. In mid-2022, Richardson and a female colleague, described as Driver A, had a conversation in the drivers’ mess in which she indicated a squeamishness to insects and spiders. After this, Richardson played a prank on Driver A, where he placed a tarantula’s exoskeleton – the skin shed by the spider – in her pigeonhole.

As a result, Driver A called Richardson a “f***ing tw*t”. He said he could repeat the prank with the shed skin of a snake. The following month, Richardson left a snakeskin in Driver A’s pigeonhole. Again distressed, she reported the event to her line manager and then followed this up formally in an email. A disciplinary hearing was held under the respondent’s bullying and harassment policy, resulting in dismissal for gross misconduct at which point Richardson submitted a claim for unfair and wrongful dismissal.

The ET heard that Richardson said that he had not understood Driver A’s genuine upset.

In September 2023, upholding Richardson’s claim of unfair dismissal, the ET found it was accepted that Richardson had intended to perform pranks, no matter how poorly judged they proved to be. 

The Judge found that Richardson’s actions did not amount to gross misconduct and that his actions did not set out to intimidate or upset Driver A.  This is unusual because so often, it’s not the intention of the prankster but the impact the prank had on the complainant that is given more consideration.  

In October 2023 the ET ordered that Richardson be reinstated on or before 19 January 2024 and that the amount payable to Richardson was £22,571.22, representing his loss of earnings plus £704.99 per week until reinstatement, amounting to a total of £42,300. No further award was made for the successful claim of wrongful dismissal.

How can I protect my business?

On 26 October 2024, we saw the introduction of a new statutory duty on employers to take reasonable steps to prevent sexual harassment in the workplace for ALL workers, including agency hires, contractors, casual workers and employees. Employers and employees now face more stringent expectations and potentially more serious consequences if they fail to meet this obligation, with a possible uplift of 25% on compensation awards where employers have not taken proactive action to prevent, create and maintain a workplace free from harassment.

Make sure that your staff are trained on how to spot, report and deal with sexual harassment in the workplace. Certain sectors and roles carry a greater risk of harassment, carry out risk assessments to identify which of your staff are at risk and what measures need to be put in place.

Having evidence that you have trained your staff will massively reduce your vicarious liability and protect your business.

In April 2026, sexual harassment will become a qualifying disclosure under whistleblowing law. This will mean protection from a detriment and unfair dismissal for whistleblowers making a sexual harassment disclosure.

If you would like further information on any of the above or require any HR support to reduce your vicarious liability when an employee “goes rogue”, support to deal with a complaint or are interested in our e-Learning or training then please do not hesitate to contact us!