Kester Bey, a self-proclaimed “grand sheikh” and independent councillor from Reading, initiated legal action against Tesco, alleging racial and religious harassment stemming from colleagues’ comparisons of his appearance to the late comedian and magician Tommy Cooper. Bey, a Muslim who consistently wears a fez, argued that the remarks constituted harassment due to the headgear’s connection to both his race and religion. He claimed the comparisons were discriminatory and created a hostile work environment. This incident unfolded during Bey’s two-year tenure as a Tesco shop worker, a position he resigned from in May 2023. He further expressed dissatisfaction with the lack of training provided by the company.
The crux of Bey’s complaint revolved around the perceived similarity between his fez and the iconic red fez worn by Tommy Cooper. Cooper, a renowned entertainer from the 1960s, was instantly recognizable for his bumbling persona, often punctuated by the catchphrase “Just like that!” and his signature red fez. Bey argued that the comparisons to Cooper, though seemingly innocuous, were deeply offensive due to the fez’s significance within his own cultural and religious identity. He viewed the remarks as a form of mockery and disrespect towards his Moorish heritage and Muslim faith, thus constituting harassment.
The preliminary employment tribunal hearing, held in Watford, reviewed Bey’s claims. Employment Judge Paul Housego acknowledged Bey’s self-identification as Moorish and the importance of the fez within his personal expression of faith and heritage. The judge explicitly stated Bey’s contention: that being compared to Tommy Cooper, who consistently wore a similar fez, constituted harassment. This argument formed the core of Bey’s case against Tesco, framing the seemingly lighthearted comments as a form of targeted discrimination.
However, the tribunal ultimately dismissed Bey’s case. His initial legal action, launched in October 2023, was deemed to be beyond the standard time limit for such claims. Although a more detailed complaint was filed in 2024, the tribunal struck it out, citing its lateness and concluding that it had “no reasonable prospect of success.” This decision effectively ended Bey’s legal pursuit against Tesco, leaving his allegations of racial and religious harassment unaddressed by the court. The dismissal underscored the importance of adhering to legal deadlines and demonstrating a viable case for discrimination.
The case highlights the complexities of workplace interactions and the sensitivities surrounding religious and cultural expression. While Bey viewed the comparisons to Tommy Cooper as a form of mockery directed at his faith and heritage, the tribunal’s decision indicates that his argument failed to meet the legal threshold for harassment. The case also raises questions about the perception and interpretation of seemingly harmless workplace banter, particularly when it intersects with an individual’s deeply held beliefs and cultural identity.
The legacy of Tommy Cooper, a beloved comedian known for his physical comedy and signature red fez, inadvertently played a central role in this legal dispute. Cooper, who tragically died of a heart attack during a live television performance in 1984, remains a prominent figure in British comedy history. The ironic juxtaposition of his comedic persona with the serious allegations of discrimination underscores the nuanced and sometimes unforeseen consequences of seemingly innocuous remarks in the workplace. The case serves as a reminder of the importance of sensitivity and respect for individual differences in fostering a harmonious work environment.
