Worker sacked for saying ‘top of the morning to ya’ wins unfair dismissal claim
https://www.lbc.co.uk/article/worker-sacked-for-saying-top-of-the-morning-to-ya-wins-unfair-dismissal-claim-5HjdF7y_2/
Posted by tylerthe-theatre
Worker sacked for saying ‘top of the morning to ya’ wins unfair dismissal claim
https://www.lbc.co.uk/article/worker-sacked-for-saying-top-of-the-morning-to-ya-wins-unfair-dismissal-claim-5HjdF7y_2/
Posted by tylerthe-theatre
13 Comments
>The judge wrote that Oscar Mayer’s disciplinary case was based on its perception that Mr Davies may have perceived that the auditor looked “typically Irish”.
Was he ginger? Is the person responsible actually being the one racially profiling?
This is a sensible outcome, to be sure, to be sure.
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Tbh this is appalling that (assuming the employer had legal advice externally too beforehand as 99% of companies have these days – sometimes for free with a business bank account at a base level) he was dismissed on this alone
Especially with the
“The claimant did not know and had not seen the auditor” mark
>Karl Davies, then 57, was working at Wrexham’s Oscar Mayer ready meal manufacturing site when, on August 13 2024, **he greeted a manager, Scott Millward, in the accent while listening to Irish music**, an employment tribunal heard.
> **Mr Millward had been escorting a “red-headed” external auditor** when the remark was made and he reported his colleague to the employer, who launched a probe into whether the comments amounted to racial harassment, the tribunal in Mold was told.
>**The claimant repeated the phrase multiple times,** with tribunal Judge Vincent Ryan accepting that he was “effectively channelling the musical vibe”.
Bold emphasis is mine.
I don’t know if this is grounds for dismissal, but he we was definitely being a prick. Doing it once is maybe an poorly-conceived joke. Doing it repeatedly is taking the piss.
Was his name jacksepticeye? Was he welcoming you to happy wheels?
Weird way to lose your job at O’Neills
Weird way to lose your job at O’Neills
Was his name jacksepticeye? Was he welcoming you to happy wheels?
Was his name jacksepticeye? Was he welcoming you to happy wheels?
As usual the headline misses the point:
>A manager, against whom Mr Davies had an unresolved grievance, conducted the investigation into Mr Davies’s comments, the tribunal was told.
>….
>The tribunal ruled that the chosen investigator was not “appropriate”, witness statements were inconsistent and the probe was “largely based on assumptions”.
If companies actually followed processes then these cases wouldn’t happen.
It’s depressing how they felt the need to end the statement with a comment on the relevance or non-relevance of ‘wokeness’.
I feel like there’s more to this than just an irish hello.