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Barrister Who Sued After A Colleague Asked Him To Stop Farting Loses Case

Barrister Who Sued After A Colleague Asked Him To Stop Farting Loses Case

He said the comments left him feeling embarrassed

A barrister who filed a lawsuit against the Crown Prosecution Service (CPS) because a colleague asked him to stop farting has lost his case. 

Tarique Mohammed sued the CPS on grounds of harassment. Speaking at a tribunal Mohammed said medication he was on for a heart condition left him breaking wind more than usual. 

He said his colleague Paul McGorry’s comment was ‘embarrassing’ and claimed it violated his dignity, but the panel ruled that McGorry’s request was reasonable. 

Mohammed also alleged he was discriminated against at work because of a number of disabilities he had following a heart attack in 2014. 

He accused his colleagues and bosses of discriminating against him by chucking away his water bottles, sending him to work one day a week 60 miles away, and refusing to pay for his barrister’s practising certificate while he was on sick leave.


Mohammed, a senior prosecutor, was unsuccessful on these counts, but the tribunal agreed with him on other matters - finding the CPS could have been more flexible in regards to his working patterns due to his medical problems. 

The tribunal heard: “After two or three days of [Mr Mohammed] working in the room, Mr McGorry noticed that [he] had flatulence. He did not know why.

“Mr McGorry was aware the claimant had had a heart attack but he was not aware of what medication the claimant was taking or that flatulence was a side effect of the medication.

“There were repeated incidents of flatulence in the quiet room. On one occasion Mr McGorry asked [Mr Mohammed], 'do you have to do that Tarique?'

“[Mr Mohammed] said it was due to his medication. Mr McGorry asked if he could step outside to do it. [Mr Mohammed] said that he could not.

“The conversation ended there. Neither Mr McGorry or [Mr Mohammed] mentioned the matter again.

“[Mr Mohammed] found the short discussion embarrassing but was not obviously upset and did not make any complaint about the incident.”


Judge Emma Hawksworth ruled that the questions to Mohammed were ‘not asked with the purpose of violating [his] dignity or creating such an environment’. 

She went on to say it was ‘not an unreasonable question to ask’. 

However, the panel found the CPS was guilty of disability discrimination and should have made reasonable adjustments to his working partners. 

The tribunal urged Mohammed and the CPS to agree to a compensation amount with going to another hearing.

Featured Image Credit: Alamy

Topics: UK News