A UK warehouse worker has successfully challenged his dismissal after being accused of mocking a colleague by impersonating pop star Michael Jackson. The case, heard at an employment tribunal in Manchester, ruled that the dismissal was unfair, awarding the worker more than £10,000 in compensation.
The claimant, Lucasz Zawadzki, had worked at a Co-Op warehouse when allegations were made against him by a colleague known as SM. SM, who is black, told managers in December 2023 that Mr Zawadzki had mimicked Michael Jackson by making a high-pitched “hee hee” sound and claimed he had also made monkey noises.
Mr Zawadzki admitted that he sometimes made what he described as “embarrassing and juvenile” noises in the workplace, which included grunting, moaning, and laughing loudly, but strongly denied that his behaviour was racially motivated or aimed at bullying his colleague in the workplace.
Following the allegations, Mr Zawadzki was suspended for an alleged breach of the organisation’s bullying, harassment, and discrimination policy. His actions were deemed inappropriate by managers, leading to his dismissal. However, during the tribunal hearing, Employment law Judge Carol Porter highlighted key failings in the dismissal process.
Judge Porter stated:
- There was no satisfactory evidence that the noises caused distress to SM.
- The investigation failed to prove that Mr Zawadzki’s behaviour amounted to bullying or harassment.
- The claimant had not been made aware of the company’s zero-tolerance policies or warned that his conduct was unacceptable.
The tribunal also heard that Mr Zawadzki had worked alongside SM for a considerable period without any complaints prior to the incident. Judge Porter concluded that while his conduct was “inappropriate and juvenile,” it did not justify dismissal.
As a result, the Co-Operative Group has been ordered to pay Mr Zawadzki over £10,000 in compensation.
This case underscores the importance for employers of ensuring proper procedures are followed when investigating workplace misconduct. It also highlights the fine balance between maintaining professional standards and ensuring disciplinary action is proportionate and fair.
