Tyre fitter wins £22,000 payout for being known as ‘lazy outdated white man’ by colleague

An employment tribunal dominated that Barry Moore was the sufferer of race and age discrimination following the remark by his colleague Desmond Owusu, who he labored with at Sean Pong Tyres

A tyre fitter has been awarded over £22,000 in compensation after a black colleague known as him an “lazy outdated white man”.

An employment tribunal dominated that Barry Moore, 55, was the sufferer of race and age discrimination following the remark by his colleague Desmond Owusu.

Mr Owusu was additionally alleged to have known as Mr Moore a “homosexual white man” on multiple event regardless of him being straight.

Employment choose Eoin Fowell stated these feedback may “solely have been a time period of abuse”.

The tribunal, which was held in Leeds, heard that Mr Moore and Mr Owusu had labored collectively at Sean Pong Tyres in Rotherham for various years.

They’d beforehand been on good phrases and the panel was informed that it wasn’t clear when the connection broke down.

The corporate, owned by Sean Frimpong, was stated to have maintained that any feedback had been “simply banter” – however the panel discovered the language used amounted to harassment.

Choose Fowell stated: “Though it’s potential that two males in a sturdy working atmosphere would possibly use abusive language to one another with none dangerous feeling, there’s a threat that it suggestions over into aggression.

“We conclude that that’s what occurred right here.”

Mr Moore reported the feedback to Mr Frimpong after talking to one of many firm’s managers, Ben Turner, whereas outdoors having a cigarette break in January 2021.

Mr Turner then organized a gathering between the pair, the place Mr Moore stated Mr Owusu was “winding him up always and he couldn’t work with him”.

The panel heard that Mr Owusu had informed his supervisor that he “loved taunting Mr Moore”.

Regardless of this, the 2 males shook fingers and returned to work – however Mr Moore went on to file an official grievance simply days later, the tribunal was informed.

He wrote: “Sadly I’ve no alternative however to lodge a grievance. I’ve spoken to you on a number of events through cellphone and in individual regarding the racism slander, and discrimination of my character and a number of abuse.

“Since Desmond began on the firm he has performed nothing however single me out and slurring abuse at me inflicting a number of stress and sleepless nights”.

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The panel heard {that a} assembly was held to deal with this however that, over the subsequent few weeks, Mr Moore was “careworn” about going to work, however he wanted the cash so “soldiered on”.

He was later signed off work with melancholy.

He remained off work till April and ultimately determined that he was unable to return because of the environment and submitted his official resignation in April 2021.

The panel concluded that there didn’t appear to be “any explicit remaining straw to trigger this resolution” however that it was a “construct up of occasions at work”.

In his conclusion, Choose Fowell stated: “As already indicated, we’re happy that this conduct by Mr Owusu, nevertheless it started, tipped over in some unspecified time in the future into hostility, and that he was the primary perpetrator.

“He might not have appreciated the impact he was having on Mr Moore however in our view it did create a hostile and intimidating working atmosphere and amounted to bullying and harassment.”

The panel stated that they had been happy the harassment was associated to race and age.

Following the tribunal, Mr Moore was awarded a complete compensation quantity of £22,027.21.

He obtained a complete of £7,486.00 for unfair dismissal, and £14,541.21 compensation for discrimination.