Boss found guilty of age discrimination after breaking wind in the office

A council manager who targeted a younger caretaker has been found guilty of age discrimination after breaking wind on his colleague.

Lee Marsh who was a manager at Birmingham City Council said it was “amusing” to pass wind on a younger worker who was eating his lunch.

An employment tribunal heard that Marsh warned the employee, who is in his mid-thirties and granted anonymity during the case: “I can get rid of you like I have the others in the past.”

The judge ruled that the incident legally qualified as age discrimination due to the older manager’s animosity towards his “ambitious” colleague.

Despite the court confirming that he was a victim of discrimination, the man will not be awarded damages as the claim was brought too late.

However, he is eligible for compensation for unfair dismissal.

After starting the role in 2020 as a caretaker, in which he was responsible for looking after estates in the city, the disgusting incident occurred just two months later.

The court heard that Marsh performed the offending act and said: “You have got a lot to say for yourself for a newcomer.”

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The younger man said in evidence that he replied “I haven’t” and added that he had “the right to object to disgusting behaviour”.

Marsh then allegedly told him: “Be careful how you speak to me as I can get rid of you”.

He is also thought to have warned the man about attempting to get a more senior role.

“If any of you youngsters get this job … I will tell you to f*** off,” he was reported to have said.

The younger worker eventually went on sick leave before resigning.

The judge said that “in many contexts” age-related comments could be “friendly and even affectionate and can be meant and taken as harmless and good-humoured”.

But, in this case, he said, “there was an edge” to Marsh’s actions and comments.