In the case of Ali v Heathrow Express and Redline Assured Security Limited, the Employment Tribunal concluded that in light of the circumstances of the case, it was not reasonable for the conduct to have the effect alleged by the Claimant.

The case involved a security exercise whereby a suspicious box with the words ‘Allahu Akbar’ was placed in a bag to test the airport security officers. Following the test, an email was sent confirming what had taken place, along with an image of the box. Mr Ali claimed that these actions amounted to harassment on the grounds of religion, on the grounds that the language used on the box conflated Islam with terrorism and amounted stereotyping. Redline contended that the wording had been used in recent terrorist attacks and was therefore appropriate. 

On appeal, the decision was upheld, and the Employment Appeal Tribunal confirmed that the Claimant’s perception is only one of the factors to be taken into account when assessing the effect of unwanted conduct. 

This case provides some helpful clarity on the way in which the definition of harassment should be applied. However, perhaps more importantly it is a reminder of the need for sensitivity and awareness in the language used in the workplace. It may have been that with more awareness of the way in which this language could be perceived, the claim could have been avoided in the first place.