
Driver’s f-word slur at colleague not a sackable offence
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From 2016 to 2023, Robert Ogden worked as a driver/trainer at Booker’s wholesale site in Greater Manchester.
Ogden verbally abused a colleague during a discussion about weight loss. The victim felt “humiliated and anxious”. She took time off work and informed management that she had “enough”.
Ogden accepted that he said to the victim, "Becky you can’t do that, are you a f***ing m***? No wonder it takes you 19 weeks to lose a stone. It hasn’t taken me 19 weeks.’
Ogden was questioned about his use of the word "m***," he denied it was a reference to people with Down's syndrome and said that it was instead "a common northern term referring to stupid." He described the workplace as "lawless" and "toxic," with cultural issues extending to management.
Tribunal Judgment
The Employment Judge ruled that the decision to dismiss was “harsh” but that swearing should not be acceptable in the workplace. Employment Judge Shergill added, “The claimant had not been pulled up before over comments, and this likely led to a false sense of security in terms of it not being a disciplinary issue.”
The tribunal found the workplace was toxic, that management was part of the problem and that there was significant evidence showing the type of workplace banter which took place.
Ogden’s compensation is yet to be determined.
Commentary
The judgment highlights interesting aspects of workplace culture, the influence of regional differences and the boundaries of acceptable behaviour within the workplace.
The ruling clearly indicates that regional characteristics may play a significant role in assessing whether dismissal is an appropriate response. Most importantly, the case displays the importance of clearly defined acceptable and unacceptable behaviour within the workplace.itise your safety and lay the groundwork for a more secure and supportive future.
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