Man Sacked For Saying ‘Top Of The Morning To Ya’ To His Colleague In Irish Accent
A warehouse worker who was sacked after greeting a colleague with “top the morning to ya” in a fake Irish accent has been awarded more than £16,000 for unfair dismissal.
Karl Davies, 57, was working at Wrexham’s Oscar Mayer ready meal factory when he addressed colleague Scott Millward using the accent, an employment tribunal was told.
Millward was in the company of a “red-headed” external auditor at the time the comment was made, so he decided to report his Davies to his manager, which led to an investigation over whether the remarks constituted racial harassment.
Davies apparently repeated the comment ‘several times’ and claims he was ‘listening to Irish music’ at the time and was ‘effectively channeling the musical vibe’.
A judge has now ruled that Davies used the accent in a “reprehensible” and “mocking” manner and “in a manner that Mr Millward was bound to find irritating and embarrassing”.
As such, it was an attempt to wind up Millward and cause him embarrassment, rather than racial harassment.
The judge said: “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.”
It transpired that the red-headed auditor wasn’t even Irish, and even if he had been, Davies would have been completely oblivious.
It also turns out that a manager with whom Davies had an unresolved grievance led the investigation into his comments. Well, suddenly it all starts to make sense eh?
In the end, the judge ruled that while Davies’s employer deemed his comment to constitute racial harassment, his clean disciplinary record and 27 years of service for the company were not considered. Which is a total p1sstake, to be fair.
The judge stated: “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 added that the case was “not an indication of wokeness or anti-wokeness”.
Well, if the judge had sided with the employer, I’m afraid it would be the epitome of ‘woke nonsense’. Thankfully, common sense prevailed in the end, and the judge saw that Davies’s manager used the comment as an excuse to fire him.
Unfortunately for Oscar Mayer ready meals, it completely backfired in the company’s face and they’ve now had to shell out £16,000 to make it up to him. Top of the morning, indeed!
To watch a drunk man in dungarees pick a fight with an Irish trucker and immediately end up wishing he hadn’t, click HERE.
