In Elahi v Lanz Ltd a tribunal upheld a claim of harassment on grounds of religion where a Director embarked on a course of unwanted conducted directed at a Muslim employee with the intention of offending him, including commenting that Muslim women looked like ninjas and attempting to encourage him to try pork.

Mr Elahi is Muslim. A tribunal upheld his claim that he had been subjected to unwanted conduct by Mr Johnson, one of the Company’s directors, which amounted to harassment on grounds of religion. There were three specific complaints about Mr Johnson: (i) pointing to some pork on a barbeque and saying to Mr Elahi “Why not try some of that?”: and when the Mr Elahi was eating a chicken sandwich at lunch time, saying to him “is that pork?”; (ii) commenting that Muslim women looked like ninjas and that he objected to them wearing the Hijab in the office; and (iii) forwarding an email to all staff which was offensive and derogatory of the lslamic faith.

There was, without doubt, general office banter in an ethnically and religiously diverse office but, it was clear that once Mr Elahi’s Islamic faith became known, this banter was directed at his religion/religious beliefs with the intention of offending him. Mr Elahi was awarded £4,000 for injury to feelings, but the fact that he had not followed the grievance procedure in the Acas Code, which applied in these proceedings, had to be taken into account. The Tribunal could understand why he was reluctant to do so while Lanz employed him. However, there had been the opportunity for Mr Elahi to raise a formal complaint, but he had not done so and his failure was unreasonable in the circumstances. His compensation was therefore reduced by 10%.