Our Head of Employment Law, Yunus Lunat, recently secured a successful resolution in a workplace harassment and victimisation claim with an unusual festive twist.

Background

Yunus acted for Hannah Iqbal, who worked as a Document Coordinator. Hannah was creative and enjoyed contributing to the office Christmas decorations. In the run-up to Christmas 2023, she asked her Managing Director whether the company would be holding its usual Christmas tree contest.

To her shock, the MD replied that even if the contest went ahead, she would be excluded because she was not a Christian, adding that “it’s about time a Christian did the tree.” Upset by this comment, Hannah responded cautiously, saying it was not a nice thing to say, before attempting to change the subject.

The MD then made an even more shocking remark: “I’m waiting for my 72 virgins.” When Hannah asked for clarification, the MD explained, “It’s what terrorists like you believe; when they die fighting, they have 72 virgins waiting for them in heaven.” The MD later claimed he meant, “It is when good Muslims go to heaven they are rewarded with 72 virgins,” and followed up by sending screenshots referencing debates among scholars about this claim in the Quran.

The Legal Claim

Hannah was referred to Yunus, who advised and issued claims for:

  • Harassment on grounds of religion
  • Victimisation

The harassment claim was based on the fact that the comments were unwanted, violated Hannah’s dignity, and created a hostile, degrading, humiliating, and offensive environment.

The company defended the claim, arguing that the MD’s conduct did not amount to harassment under the Equality Act and that Hannah’s previous friendly relationship with the MD made her reaction unreasonable.

Yunus’ Argument

Yunus argued that:

  • The MD’s reference to “72 virgins” was entirely inappropriate and intended to humiliate Hannah by linking her and her religion to terrorism an Islamophobic trope.
  • The exclusion from Christmas decorations was solely due to Hannah’s religion, despite her enthusiasm to participate in the festive celebrations.

Outcome

Although the claims were disputed, Yunus negotiated a formal settlement, reflecting the seriousness of the conduct and the importance of protecting dignity in the workplace.

Why This Matters

Sadly, incidents of this nature do occur. If you have experienced offensive comments or, as an employer, need guidance following a complaint, our team can help you navigate the complexities of employment law. Please call our employment team on 0113 284 5000 or email employment@isonharrison.co.uk.