Mr S E Toughfar v Search Education Trust — 2024

The claimant, a practising Muslim employed as a Learning Support Assistant, complained about a Christmas-themed staff awards event held on 16 December 2022. The tribunal found that the School ran a voluntary, light-hearted end-of-term awards scheme, that the categories were chosen by Mr McKay Wood, and that the Christmas Grinch Award was awarded through anonymous voting. It accepted Mr McKay Wood's explanation for closing the voting a day early because of personal circumstances connected with the imminent birth of his child and found that the claimant had the highest votes when voting closed.

On the direct discrimination complaint under s13 Equality Act 2010, the tribunal rejected the claimant's case that the award, the early closure of voting, the wording on the trophy, the presenter allegedly pretending to run away, and the laughter in the hall were acts of less favourable treatment because of religion. It found that the claimant had not identified a valid comparator for some of the issues and that, on the facts, religion played no part in the choice of theme, the voting, or the presentation of the award. The tribunal also found as a fact that the claimant's name was not on the trophy and that Mr Lee Mills did not pretend to run away.

On the harassment complaint under s26 Equality Act 2010, the tribunal held that the presentation of the award was unwanted conduct, but it was not related to religion. It found the awards were an end-of-term fun event with no religious intent or connection, that religion was not a criterion in voting, and that there was no evidence that the claimant was targeted because he was Muslim. Although the claimant was upset and offended after he learned what a Grinch was, the tribunal held that it was not reasonable for the conduct to have the required humiliating or offensive effect in context. Both complaints were dismissed and no remedy was awarded.