Former employee loses employment tribunal case over complaint that she did not receive a leaving card

Introduction

Karen Conaghan, a former business liaison lead at IAG, parent company of British Airways, lost a tribunal case where she alleged discrimination and harassment for not receiving a leaving card upon redundancy. Conaghan claimed that the lack of a farewell card reflected workplace hostility and violated equality law.

Background

Conaghan commenced her employment with IAG in August 2019 and was made redundant in December 2021. Initially, she brought forward complaints dating back to 2019, including alleged sexual harassment by two colleagues, Mr. Neta and Mr. Aziz, however, these claims were dismissed in an earlier hearing in April 2023. Her remaining complaints focused on incidents she viewed as harassment and victimisation throughout 2021.

Key issues presented included allegations of Mr. Neta assigning her on-call duties and a project she felt was burdensome, though she did not have to complete these tasks.

Additional claims included Mr. Aziz extending a work call unnecessarily to delay her sign-off time and an instance where he messaged her personal phone regarding a sensitive personal issue. Conaghan also cited minor incidents, such as her spelling of the word "whiz" being corrected to "whizz" by a colleague on a leaving card and another situation where she was left to update a manager on a missed call with suppliers.

Conaghan’s final complaint was that she had not received a leaving card on her departure from the company. The Respondent informed the tribunal that a leaving card had in fact been purchased for the former employee, but it had only been signed by three people. It was thus decided that it would not be appropriate to present the card.

Tribunal Findings

Throughout the hearings, the tribunal focused on whether these incidents could be deemed harassment or victimisation, ultimately concluding that they were typical workplace interactions rather than discriminatory acts.

In relation to the leaving card, Judge Kevin Palmer noted it “would have been more insulting” to give it, due to the minimal signatures. The tribunal thus dismissed her claims and upheld the redundancy decision, determining that her interpretation reflected a misunderstanding of normal interactions.

Commentary

Conaghan’s claim raises questions about the line between legitimate grievances and frivolous claims. While the complaint may seem trivial, it highlights the importance of workplace recognition and culture, where small gestures like a leaving card can symbolise respect and appreciation.

However, bringing such an issue to an employment tribunal risks the overcrowding of the system with non-urgent matters and may set a concerning precedent. Ultimately, the case underscores the need for alternative dispute resolution within the workplace before resorting to legal action, especially where personal feelings are the emphasis as opposed to core employment rights.

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Magara law is an employment law firm in Bicester, Banbury, Reading and Paddington, London, and services clients nationwide. For more information or to our employment law team at Magara Law, call 01869 325 883 or email roy@magaralaw.co.uk.