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A council worker sued his employer claiming that he was racially discriminated against because of an overgrown pot plant.

Benyam Kenbata, 34, who worked for Westminster council, alleged he was deliberately being separated in an open-plan office when a colleague placed the plant on her desk.

According to court documents, Mr Kenbata was a capital programme manager in a team including a support officer named as Ms Denby-Mann. In December 2013 she put a plant on her desk, which was opposite him.

He complained to his boss, suggesting it was a form of racial segregation as it “restricted the ease with which he could hold discussions with colleagues”.

The human resources department denied any racial connotations, saying the problem was the “plant had grown too high”, documents state.

Mr Kenbata, who describes himself as a black British African, then went to an employment tribunal and made 29 allegations of direct discrimination, racial harassment and victimisation.

After a hearing in 2015, London Central Employment Tribunal was “quite satisfied that the positioning of the plant and its growth was not an act of direct discrimination nor harassment directed towards the claimant”.

It found Mr Kenbata “acted in bad faith in making the race discrimination complaint arising from the existence of the overgrown pot plant” and ordered him to pay costs of £10,000.

Westminster had already spent more than £50,000 defending the claim. The tribunal did back Mr Kenbata on one count, ruling a discussion in an open-plan office about his complaint amounted to victimisation as it should have been carried out confidentially.

He was permitted to appeal and a judge ordered the tribunal to re-examine his complaints of direct racial discrimination and racial harassment. This hearing will be held at a date to be fixed.

Mr Kenbata said: “I genuinely believed I was being unlawfully discriminated against. My complaint centred on the handling of a grievance and [its dismissal]. My claims of discrimination and harassment are yet to be determined at a remitted hearing.”

His lawyer Nabila Mallick said: “The victimisation took the shape of managers ridiculing his complaint in an open-plan office in front of his colleagues.”

Westminster council said it “does not comment on individual cases, however the council welcomes and champions diversity and equality”.

Mr Kenbata is embroiled in a second case, against his new employer Brent council. He launched legal proceedings against Brent after it upheld claims that he verbally and physically abused a colleague, the Standard understands.

He was suspended before being given a written warning. Mr Kenbata said: “Both parties are considering their position in respect of both internal and judicial mediation.”

A spokesman for Brent council declined to comment about the case.