A MAN who was sacked for saying “top of the morning to ya” in a mocking Irish accent has won a £16k payout over the gaff.
Karl Davies, then 57, was working at Wrexham’s Oscar Mayer ready meal manufacturing site when he was unfairly dismissed.
Andrew McCaren – The TimesMr Davies was awarded a £16k payout by an employment judge[/caption]
On August 13 2024 he greeted manager Scott Millward in the accent while listening to Irish music, an employment tribunal was told.
Mr Millward was escorting a red headed external auditor through the building when Karl made the comment.
The manager reported his colleague to their employer who launched an investigation into the comments.
The probe was aimed at determining whether the comment amounted to racial harassment.
Mr Davies repeated the phrase multiple times with an employment judge ruling that he was “effectively channelling the musical vibe.”
The judge said that Mr Davies adopted an accent in a “mocking” way and provoked Mr Millward by repeating it.
Judge Vincent Ryan said Mr Davies repeated the phrase “in a manner that Mr Millward was bound to find irritating and embarrassing.”
It was the opinion of the judge that Mr Davies was attempting to get on the managers nerves and to embarrass him.
The judge continued: “I find that the purpose was not to racially harass Mr Millward, and there is no evidence before me that it had the effect, either, on anyone.
“It was nevertheless blameworthy as (Mr Davies) was subordinate to Mr Millward.
“It gave rise to the disciplinary proceedings and therefore contributed to the eventual sanction.”
The employment tribunal heard that the auditor is not known or believed to be Irish.
The investigation into Mr Davies actions was led by a manager who the claimant had an unresolved grievance against.
According to the judge Oscar Mayer’s disciplinary case was based on its perception that the claimant thought the auditor looked “typically Irish.”
While Mr Davies repeated use of the phrase was found by his employer to amount to harassment, neither his clean disciplinary record or 27 years of employment were considered.
The tribunal ruled that the probe was “largely based on assumptions.”
It was also determined that the chosen investigator was not “appropriate” and that witness statements were inconsistent.
The judge said: “The claimant was accused of using an employment ending, reputation damaging, loss-inducing, racially motivated slur, a slur which could have created an intimidating, hostile, degrading, humiliating or offensive working environment; these are serious matters.
“On the facts peculiar to this case, I found that the dismissal was unfair, which does not mean that I approve the use of the greeting in question or the use of mock accents.”
He would go on to say that the case was “not an indication of wokeness or anti-wokeness.”
Wrexham’s Oscar Mayer ready meal manufacturing site Published: [#item_custom_pubDate]
