Tribunal grants £16k to man dismissed over mock Irish accent

An employee’s dismissal for greeting a manager with the phrase “top of the morning to ya” has been found to be unfair at tribunal.

In the case, Karl Davies, who worked for a ready meal manufacturer, greeted a manager with the phrase whilst assuming a mock Irish accent. At the time, the manager was escorting a visitor at the plant who had red hair. The company investigated the incident as alleged racial harassment.

The manager appointed to investigate was one whom Mr Davies had raised a grievance against, which was still unresolved when the process began.

The tribunal judge noted that Mr Davies manner and use of the accent was “reprehensive, mocking and goading” and noted that he did not approve of the mocking nature of the greeting, but he did not find that Mr Davies purpose had been to racially harass his manager.

The judge found the investigation to be fundamentally flawed though a lack of impartial investigation that directly contributed to the unfair decision to dismiss Mr Davies for harassment.

The company had also ignored Mr Davies previous clean disciplinary record and 27 years of employment with the company. The judge ruled that Mr Davies should be awarded £16,500 in compensation.

Learning for employers

• Arrange annual refresher training on harassment and bullying that always covers the need for respectful and inclusive language and terms. Ensure staff at all levels understand that it is not appropriate to make jokes or comments that might be perceived by the recipient as culturally insensitive.

• During training give employees examples of harassment. Provide examples of jokes that would be perceived as racist, sexist, homophobic or ageist. Discuss derogatory or stereotypical remarks about a particular ethnic or religious group, religion or belief, or gender.

• Remind employees that harassment includes unwanted conduct which can include physical gestures or mimicry.

• Ensure your bullying and harassment policy is reissued each year alongside refresher training or toolbox talks.

• Conduct mandatory training or employees involved in incidents in the workplace. Managers should also receive specific training on how to deal with disciplinary procedures and be informed on how escalate appropriately.

• Ensure an independent manager with necessary skills and experience is appointed to investigate more serious misconduct allegations.

• Consider the length of an employee’s service and clean disciplinary record when deciding on the appropriate sanction at a disciplinary hearing.