Religious harassment and whistleblowing detriment at Top Discount Electrical Stores
A sales consultant with only five months' service was subjected to religious harassment and detriment for whistleblowing. The tribunal awarded £16,462.47 for injury to feelings.
1 min read · Last updated 18 May 2026
Case details
- #religious-harassment
- #protected-disclosure
- #mecca-comment
- #kneeling-comment
- #failure-to-investigate
- #annual-leave-detriment
- #injury-to-feelings
Key facts
- The claimant started work as a Sales Consultant/Logistic Assistant on 14 May 2018.
- On 18 June 2018, Phil Kurland said 'Mecca, do you mean that place where people go round and round and never get anywhere'.
- On 19 July 2018, Phil Kurland asked the claimant 'Are you kneeling towards Mecca?' when he was kneeling at work.
- The claimant made protected disclosures about a colleague driving after drinking beer on 21 September 2018 and about being threatened with a knife on 27 September 2018.
- The respondent required the claimant to take annual leave to investigate his complaint, failed to ensure his safety, and did not communicate the outcome of the investigation.
- The claimant was dismissed for persistent lateness, which was found to be justified and not discriminatory.
Timeline
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Employment started
Claimant began work as a Sales Consultant/Logistic Assistant.
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First religious harassment comment
Phil Kurland made a derogatory comment about Mecca.
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Second religious harassment comment
Phil Kurland asked the claimant if he was kneeling towards Mecca.
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First protected disclosure
Claimant reported a colleague driving after drinking beer and threatening him.
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Second protected disclosure and detriment
Claimant reported being threatened with a knife by another colleague; respondent told him to take annual leave for investigation and failed to ensure safety.
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Disciplinary hearing
Disciplinary hearing for persistent lateness, held in the showroom kitchen.
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Dismissal
Claimant dismissed for misconduct (lateness).
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Appeal dismissed
Appeal against dismissal dismissed by Chris Kurland.
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Claim presented
Claimant presented his claim to the employment tribunal.
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Liability hearing
Hybrid hearing on liability held over two days.
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Liability judgment
Judgment finding religious harassment and whistleblowing detriment, with remedy to be determined.
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Remedy hearing
Remedy hearing held; respondent did not attend.
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Remedy judgment
Award of £16,462.47 including interest for injury to feelings.
The legal issue
The tribunal had to decide whether the claimant was subjected to religious harassment and detriment on grounds of protected disclosures, and whether his dismissal was unfair or discriminatory.
The outcome
The tribunal upheld claims of religious harassment and whistleblowing detriment, but dismissed all other claims including unfair dismissal.
- Religious harassment: Two comments by Phil Kurland about Mecca were found to be harassment related to religion.
- Whistleblowing detriment: The respondent required the claimant to take annual leave to investigate his complaint, failed to ensure his safety, and did not communicate the outcome of the investigation.
- Dismissal: The dismissal for persistent lateness was found to be justified and not discriminatory.
- Compensation: £16,462.47 including interest for injury to feelings.
Lessons & takeaways
- Derogatory comments about a person's religion, even if made in passing, can constitute harassment.
- Requiring an employee to use annual leave to investigate a safety complaint may be a detriment for whistleblowing.
- Employers must take reasonable steps to ensure an employee's safety after they raise a concern about a colleague's behaviour.
- Failing to communicate the outcome of an investigation into an employee's complaint can be a detriment.
- A short period of service does not necessarily prevent a successful claim for harassment or whistleblowing detriment.
A short service, but significant claims
This case shows that even employees with only five months' service can bring successful claims for religious harassment and whistleblowing detriment. The claimant, a Sales Consultant/Logistic Assistant, faced two derogatory comments about Mecca from a colleague, Phil Kurland. The tribunal found these comments were harassment related to religion.
The whistleblowing detriment
The claimant also made protected disclosures about a colleague driving after drinking beer and about being threatened with a knife. In response, the respondent required him to take annual leave to investigate his complaint, failed to take any action to ensure his safety, and did not communicate the outcome of the investigation. The tribunal found these actions amounted to detriment on grounds of protected disclosure.
What the employer could have done differently
The respondent could have avoided liability by taking the claimant's complaints seriously. Instead of requiring him to use annual leave, they could have conducted a proper investigation during working hours. They should have taken steps to ensure his safety after he reported the knife threat, and they should have communicated the outcome of any investigation to him.
The result and its significance
The tribunal awarded £16,462.47 for injury to feelings. While the claimant's dismissal for persistent lateness was found to be justified, the harassment and detriment claims succeeded. This case highlights that employers must treat all complaints seriously, regardless of the employee's length of service, and must not make derogatory comments about an employee's religion.
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