Hindu postal worker wins £200,000 after colleague mistook him for Muslim

A Hindu postal worker has won £200,000 over religious discrimination after a Christian colleague mistook him for a Muslim in a row over prayer rooms. 

Mathan Shunmugaraja set up work-related meetings in a row one of his Christian colleagues, Adam Day, used to pray in.

Angered by the move, Mr Day stormed into one of the meetings and said he didn’t use the ‘Muslim prayer room’ for work, at the Cardiff Royal Mail centre, so Mr Shunmugaraja shouldn’t use his.  

The angry exchange in 2017 amounted to religious discrimination, the panel ruled, as Mr Shunmugaraja is actually a British Indian Hindu.

A panel in Cardiff found the manager, who was earning £32,000 at the depot, was also the victim of racial discrimination, after a colleague referred to him as a ‘sly dog,’ following a petty argument. 

A remedy judgement published yesterday revealed Royal Mail was ordered to pay Mr Shunmugaraja £229,161 for injury to feelings and past and future losses,. 

An employment tribunal held in Cardiff, heard that as part of his role, he was required to hold weekly meetings to deliver training and plan the week ahead.

Generally, these meetings took place in whatever room was free at the time and he began using a room known as the ‘Quiet Room’.

On the door was a notice which read: ‘Dear user, this room is provided for prayer, contemplation and reading, please respect this facility for that purpose.’

On another floor of the building, there was a designated prayer room which was said to be ‘mostly’ used by Muslim employees – as it is customary for those following Islam to pray five times a day.

The tribunal heard Mr Day used the ‘Quiet Room’ for praying and was infuriated to learn Mr Shunmugaraja was using the room for work.

In August 2017, Mr Day complained to another manager about the situation and asked Mr Shunmugaraja not to use the room in future.

That week’s meeting went ahead in the ‘Quiet Room’ but when Mr Day found out he stormed in and began aggressively shouting and demanding Mr Shunmugaraja come outside to discuss the problem.

When Mr Shunmugaraja asked another colleague – who was a Muslim – to come with them Mr Day said: ‘What for? I’m not going to kill you.’

The tribunal heard that Mr Day then ‘caustically and aggressively’ offered an alternative and said: ‘Let’s go use the Muslim Prayer Room’.

In another incident prior to his leaving the company, Mr Shunmugaraja also got into a row with another colleague, Tony Brown, who called him a ‘sly dog’ during a meeting.

Mr Shunmugaraja wrote to Royal Mail’s HR department alleging he was being harassed and bullied on account of his race.

He asked for an external investigation but was told that outside staff would not normally look into bullying and harassment complaints from managers against their team.

Mr Shunmugaraja then became unwell and went off on sick leave and did not return to work prior to his dismissal which was unrelated to the dispute.

Giving her conclusion, Judge Laura Howden-Evans found those comments, and the row over the Quiet Room amounted to discrimination.

Judge Howden-Evans said: ‘Mr Day was wound up and upset that Mr Shunmuguraja was using the Quiet Room, which Mr Day personally used for prayers.

‘In the heat of the moment Mr Day made this comment without thinking. It was a retort that came out that he wouldn’t have said to someone of the same religion as himself.

‘We are satisfied that in the heat of the moment and in those words he was blurring together the Mr Shunmugaraja’s religion and his friend(who is a Muslim)’s religion and was trying to say ‘you respect the Muslim religion – why not respect mine’.

‘However, Mr Day did not express it like this or in this manner – instead he said caustically and aggressively ‘Let’s go use the [Muslim] Prayer Room’.

‘We accept that being spoken to aggressively is less favourable treatment. We are satisfied that this was treating (him) less favourably and the reason for this less favourable treatment was (his) perceived religion, as in that instant Mr Day had confused (his) religion with (his) friend’s religion.

‘(He) succeeds with his claim of direct religious discrimination based on his perceived religion.’

In respect of the ‘sly dog’ comments, she said: ‘The Tribunal accept that the term ‘dog’ and the phrase ‘sly dog’ would be perceived as an insult in many cultures and could have connotations of race.’

She concluded that his claims of discrimination related to religion, harassment related to his race, and victimisation related to protected disclosures were well founded. 

A spokeswoman from Royal Mail said today: ‘Royal Mail is disappointed by this decision. We are now carefully reviewing the findings. 

‘Royal Mail takes its equality and diversity obligations very seriously and is committed to a workplace free of discrimination and harassment, where our colleagues feel respected and able to thrive.’