Sending birthday card against wishes counts as harrasment, Tribunal rules

An employment tribunal has ruled that sending a birthday card to a colleague who expressly stated they did not want their birthday celebrated could constitute harassment.

The case involved Kani Toure, a tax worker who sued HM Revenue and Customs (HMRC) after receiving a birthday card despite informing her boss that she did not celebrate birthdays.

Ms. Toure, who was off sick due to work-related stress, had requested minimal correspondence via email during her absence.

The tribunal heard that despite her request, Ms. Toure was contacted "more than once every other day" the following month. Moreover, she received a birthday card, which she explicitly stated she did not want, having informed her boss the previous year.

Ms. Toure, who is Muslim and suffers from a pituitary gland tumor exacerbated by stress, alleged race and disability harassment and discrimination. The French national of African origin had started working as a customer service consultant at HMRC's Croydon office in October 2019, transitioning to remote work in March 2020 during lockdowns.

She faced difficulties claiming utility expenses and reported feeling discriminated against due to her foreign accent and origin to her boss, Hugh Henderson, in March 2020. Despite her clear instruction to omit her birthday from any lists, Mr. Henderson mentioned her birthday during a meeting on August 2, 2020, referencing a team birthday list he maintained.

Following her formal grievance submission in November 2020, Ms. Toure was transferred to HMRC's Canary Wharf office for six months. She subsequently took sick leave in June 2021, during which she received 11 emails and a birthday card, exacerbating her symptoms.

Employment Judge Adam Leith stated that HMRC's repeated contact with Ms. Toure during her sick leave was unwanted and that the birthday card further contributed to a hostile and intimidating environment. The tribunal found in favour of Ms. Toure on claims of harassment and discrimination, with damages to be determined at a later date.