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Karl Davies, a former engineering storeman at the Oscar Mayer ready meal manufacturing site in Wrexham, was awarded over £16,000 in compensation for unfair dismissal after he greeted a manager in a mock Irish accent. The incident occurred when Davies, 57 at the time, was listening to Irish music and jokingly said “top of the morning to ya” to the manager, Scott Millward, who was accompanied by an external auditor. Despite the manager reporting the incident to the employer, an investigation was launched into whether the comments constituted racial harassment, leading to Davies’ dismissal.
Tribunal Judge Vincent Ryan acknowledged that Davies had adopted the accent in a “reprehensible” and “mocking” manner to intentionally irritate and embarrass Mr. Millward. However, the judge determined that the purpose behind the remarks was not to racially harass the manager, and there was no evidence to suggest that it had that effect on anyone else. Nevertheless, the judge highlighted that Davies’ behavior, as a subordinate to Mr. Millward, was considered blameworthy and led to disciplinary action, ultimately resulting in his dismissal.
The tribunal revealed that the investigator handling Davies’ case was a manager with whom he had an unresolved grievance, raising concerns about bias in the investigation process. Despite the employer’s conclusion that Davies’ comments constituted harassment, the tribunal found that critical aspects, such as Davies’ clean disciplinary record and lengthy employment with the company, were disregarded. Furthermore, the tribunal criticized the investigation for being largely based on assumptions, inconsistent witness statements, and the perception that the auditor may have appeared “typically Irish.”
In his ruling, Judge Ryan emphasized the severity of the allegations against Davies, stating that the dismissal was unfair based on the specific circumstances of the case. While he expressed disapproval of the use of the contentious greeting and mock accents, he underscored the importance of fair treatment in employment matters, particularly in cases involving potentially discriminatory behavior
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