Muslim man wins UK tribunal case over Cognac raffle switch

  • 9/24/2020
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A Muslim man who worked at a country house hotel has successfully sued his employer for religious harassment after he won a bottle of Cognac in a raffle at a staff party but was given a “cheap” box of chocolates instead. One of the managers at the hotel in Hampshire told linen porter Zakaria Kioua, who did not drink alcohol, that presenting him with the brandy would have been like giving nuts to a person with a nut allergy. Kioua argued that religion should not be compared with an illness and claimed he felt hurt and humiliated at the switch. The 37-year-old, who trained as a vet in Algeria before moving to the UK, was working as a linen porter at Lainston House, near Winchester, an employment tribunal in Southampton heard. At the party in January 2017, a raffle took place and although Kioua was not at the event, a ticket he had purchased was drawn out and he won a bottle of Cognac. A member of staff who knew that Kioua did not drink alcohol suggested he be given chocolates instead. Another staff member accepted the chocolates on his behalf. A grievance meeting was held in May 2018 and manager Gaius Wyncoll told Kioua: “[If] someone has got a nut allergy or a nut intolerance and they were given a box of chocolates that contains nuts do you not feel it would be appropriate that we then change that prize, you know, on the night?” Kioua rejected that explanation, replying: “It’s different. They don’t want that prize to be going to me and they’ve used my religion to get what they want … I felt really ignored and humiliated and not cared about.” In April 2019 Kioua resigned and launched a number of claims against the hotel. In its judgement the tribunal panel said: “A nut allergy is an illness, a life-threatening illness. It is not an acceptable point of comparison. It minimises the importance of Mr Kioua’s beliefs and practices. “The point is not that [the swap] was well-intentioned. The point is that it should not have been said, just as the decision should not have been made to change Mr Kioua’s prize. “Both are on the grounds of his religion and neither should have happened; both are offensive and caused him distress.” The tribunal ruled that Kioua’s claim of harassment related to religion or belief contrary to section 26 of the Equality Act 2010 succeeded. Lainston House Ltd was ordered to pay £2,000 to the claimant for “injury to feelings” plus interest. The hotel is a grand 17th-century mansion sitting in 63 acres of parkland.

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