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Factual summary
Nathan Blakeley claimed sex discrimination, harassment, age discrimination, victimisation, and unfair dismissal against Bubblegum Balloons, alleging he was overlooked for an award due to his gender and a director made a discriminatory comment. An employment tribunal, led by Judge Andrew Gumbiti-Zimuto, dismissed all claims, finding Blakeley's recollection of the comment "flawed" and that the conduct did not amount to harassment. Blakeley was subsequently dismissed for gross misconduct after an investigation found he provided "false information."
What happened
Nathan Blakeley, a male marketing executive at Bubblegum Balloons, brought claims of unfair dismissal, age discrimination, sex discrimination, harassment, and victimisation. He alleged that at an awards ceremony in August 2022, director Megan Robertson stated, "Now it’s time for the awards. Spoiler alert – it’s not going to be any of the men," which he believed indicated he was overlooked for an award due to his gender. His mother also complained about his treatment. The employment tribunal, led by Judge Andrew Gumbiti-Zimuto, reviewed video evidence of the incident and found Blakeley's recollection of the director's statement to be "flawed," agreeing with Megan Robertson's account. The tribunal concluded that the conduct complained of did not amount to harassment and dismissed all of Blakeley's claims. Blakeley was subsequently suspended on full pay and later dismissed for gross misconduct in February 2023, after an investigation found he had provided "false information" regarding advertising sales and failed to return his work laptop for examination.
Why this matters
This case underscores the importance of clear and unambiguous communication by management during company events, particularly when addressing diverse employee groups. It illustrates how employment tribunals assess claims of discrimination and harassment, emphasising the need for robust evidence. The case also highlights the significance of thorough internal investigations into alleged gross misconduct, including the proper handling of company property and the implications of providing false information.
UK workplace relevance
UK workplaces should ensure that all communications, especially at public-facing company events, are inclusive and cannot be misconstrued as discriminatory. Employers must have clear policies and procedures for investigating allegations of discrimination and harassment, as well as for addressing employee misconduct, up to and including gross misconduct. The case also serves as a reminder of the potential complexities when family members become involved in employee disputes.
What an employee may wish to document
- Maintain clear and objective records of all workplace incidents, including any alleged discriminatory comments or actions.
- Ensure that any video or audio recordings of company events are securely stored and accessible for review if disputes arise.
- Document the full process of internal investigations into misconduct allegations, including evidence gathered, witness statements, and disciplinary actions taken.
- Record all communications with employees regarding disciplinary matters, including requests for company property return.
- Keep detailed records of all claims made by employees and the outcomes of any internal or external dispute resolution processes, such as employment tribunals.
Related guidance and tools
ACAS guidance · How to document workplace bullying · Workplace incident log
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