Benyam Kenbata said the placing of an overgrown pot plant that restricted his view amounted to racial discrimination

A council worker who claimed to have suffered racial harassment after he was 'segregated' from colleagues by an overgrown office pot plant has won his legal battle.

Benyam Kenbata complained he was racially segregated and suffered discrimination because a Westminster council colleague's desk plant blocked his view.

The 34-year-old started a two-year legal battle after complaining it 'restricted the ease with which he could hold discussions with colleagues'.

Mr Kenbata has successfully sued his employer for racial harassment after the row started in his workplace in 2013, according to the Evening Standard.

'I genuinely believed I was being unlawfully discriminated against,' he said.

'Working day in, day out with colleagues not effectively communicating with you about work for no apparent good reason is really difficult.'

Support officer Zinnie Denby-Mann placed the plant on her desk, opposite capital programme manager Mr Kenbata, who complained to his boss months later.

The council's human resources department said the problem with the plant was that it has 'grown too high', denying any racial connotations.

But in 2015 Mr Kenbata reported approached the London Central Employment Tribunal to make 29 allegations of direct discrimination, racial harassment and victimisation.

The body ruled against Mr Kenbata, stating it was 'quite satisfied that the positioning of the plant and its growth was not an act of direct discrimination nor harassment'.

Zinnie Denby-Mann placed the plant on her desk, which Mr Kendata then said amounted to racial discrimination and harassment, bringing 29 allegations

Mr Kenbata was said to have 'acted in bad faith in making the race discrimination complaint arising from the existence of the overgrown pot plant' and ordered to pay £10,000 costs.

The tribunal backed him on only one count, ruling that he had been victimised in an open-plan office discussion about the plant that should been conducted confidentially.

When Mr Kenbata appealed, a judge called for the case to be re-examined, which this week led to the tribunal adjusting its findings after ruling his complaint 'was not an act of mischief after all' and finding 'the discussion in the open-plan office was racial harassment'.

The decision was reached when the tribunal found Mr Kenbata's boss responded to his allegations in a way that 'was capable of violating his dignity or creating a humiliating environment for him'.

But the tribunal ruled there was no racial discrimination because it found no evidence 'race was an issue in the office'.

It maintained Mr Kenbata had acted 'unreasonably' regarding his other claims and said he should still pay £10,000 towards the council’s costs after Westminster spent 'well over' £60,000 defending itself.

Support officer Zinnie Denby-Mann placed the plant on her desk four years ago, leading Mr Kenbata to complain he was being segregated

A relative of Aberdeen planning officer Ms Denby-Mann said she declined to comment but added the proceedings were 'a bit silly' and 'rather bizarre'.

Westminster council claims to set 'the highest standards in treating employees fairly'

It said: 'We are pleased the tribunal agreed there was no foundation for a claim of direct race discrimination made against the individual.

'We note the finding that there was a minor act of harassment, albeit categorised as a one-off incident which fell close to the bottom of the scale in terms of injury to feelings.'

TaxPayers' Alliance chief executive John O'Connell said: 'Long, drawn-out tribunals like this are in nobody’s interest.

'They hurt those involved as well as costing taxpayers. Reform of the system is needed.'