An Ofgem worker who went off sick with an ear infection sued the energy regulator for harassment after his boss joked to him 'let's play it by ear'. IT expert Rodolfo Soares 'unreasonably' took offence to manager Kyle Kuenzel's light-hearted and 'trivial' pun made when they were discussing him working from home.
Brazilian Mr Soares, who worked for the government regulator for gas and electricity markets, raised multiple grievances over the way he was treated by his boss. He was later let go and launched tribunal claims of race discrimination and harassment due to his Latin American heritage.
But an employment judge has now ruled Mr Kuenzel's 'trivial' comment was appropriate in the 'context of uncertainty' surrounding his ear infection, and dismissed his claims. The East London tribunal heard Mr Soares began working as a developer for Ofgem in November 2019.