Workplace banter on April Fools Day is harmless fun most of the time, but there are occasions when a practical joke in the workplace can have serious consequences for both employers and employees.

Read as we detail the workplace pranks which led to legal action and serious injury for which the employer could have been found liable.

What kind of pranks can result in a personal injury claim?

Unfortunately, this is an area that is full of examples, usually involving a ‘prank’ which simply hasn’t been thought through.
In 2017, in Patel v Homerton University Hospital NHS Foundation Trust, a pharmacist took a London hospital to court after she sustained damage to her spine and coccyx when a colleague deliberately pulled her chair out as she sat down.

More recently in 2022, in the case of Mr Chell v Tarmac Cement and Lime Ltd, a contractor was working on a construction site when he became the victim of a practical joke gone wrong. As Mr Chell bent down to pick up a piece of cut steel, a colleague placed two explosive pellets on a bench near his ear, then hit them with a hammer which triggered a loud explosion. Mr Chell ended up suffering from a perforated eardrum, hearing loss and tinnitus.

What do pranks in the workplace mean for employers?

It’s not necessarily the case that an employer would be considered at fault for a workplace prank gone wrong – it will depend on several factors. This will depend on the severity of the incident, and other factors such as the employer’s prior knowledge of their employee’s behaviour.

However, there are some things to consider as an employer. For example, it’s important to ensure that everything is handled well in the aftermath of a workplace prank gone wrong.

As an employer, there are a few things to consider:

  • Develop robust policies and guidelines to ensure that all employees are aware of their health and safety obligations and encourage them to look out for the safety and wellbeing of others.
  • Quickly address any concerns raised about pranks and ensure any serious workplace incidents involving pranks are reported and properly documented when they occur, as the effects of an incident may not arise straight away.

What does this mean for workplace pranksters?

If you’re the ‘prankster’ of your workplace, we encourage you to properly think through any prank you may have planned. For example, it might be useful to think about all the ways your prank could go wrong and if it could result in injury or emotional repercussions to any other person in your workplace.

We would recommend ensuring that you read through any policies or guidelines your employer might have regarding pranks within your workplace – it could be the fact that pranks are not permitted. If your workplace does not permit pranks, it’s important to understand this and take it on board.

It might also be a good idea to discuss any potential pranks you may have planned with a trusted colleague or even your boss – they should be able to help you gauge whether your prank is safe and suitable for your workplace and colleagues. If your boss is on board, this will reduce your personal exposure to ramifications from a prank gone wrong.


What should I do if I’m the victim of a workplace prank?

April Fool’s Day should be a day of harmless fun and laughter, but it’s important to remember some boundaries should not be crossed. Here are our top tips if you’re injured from a workplace prank:

• Assess the Situation: Evaluate the prank and its potential consequences. Determine if any harm has been caused, whether physical or emotional.
• Communicate Clearly: If you feel comfortable doing so, calmly communicate to the person that their joke has crossed a line. Sometimes, individuals may not realise the impact of their actions until it’s brought to their attention.
• Document the Incident: Record any damage or injuries resulting from the prank. Take photos, gather witness statements if applicable, and keep any relevant communication or evidence.
• Seek Medical Attention if Necessary: Don’t hesitate to seek medical assistance if the prank has caused physical harm or distress. Your health and well-being should always be a top priority.
• Consider Legal Recourse: In serious cases where significant harm or damages have occurred, you may need to consider legal action. Consult with a personal injury solicitor about your options and determine the best course of action.


Conclusion

 There’s no reason you can’t have some fun with a prank this April Fools’ Day – unless it’s against an employment policy. But bear in mind to think it through and ensure it’s safe and fun for everyone involved.

Gildeas Solicitors is a recognised law firm specialising in personal injury claims, supporting you throughout Scotland from our offices in Glasgow and Edinburgh. We’re passionate about what we do, whilst putting our clients’ interests first. That’s why we make personal injury personal.

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