A BT customer service advisor has been awarded a significant payout of over £10,000 after an employment tribunal ruled his dismissal was both procedurally and substantively unfair. The case centred on messages sent through the telecom giant's internal system, including one where he called a Dundee United fan an 'Arab b******'.
Background of the Case
Jack Caird, from Carnoustie in Angus, was dismissed by BT for gross misconduct in February 2025 following an investigation into three messages he sent. The customer service advisor, who supports Dundee FC, explained that his comment about an 'Arab b******' was directed at a Dundee United supporter and referenced the common nickname for the club's fans.
The Messages Under Scrutiny
The first message flagged by BT management saw Mr Caird call a colleague an 'Arab b******' after they wished someone a happy birthday. He later shared a screenshot of an internal email about Islamophobia Awareness Month, writing 'a full month' and 'cos that's what this nation needs right now'.
In a third message sent on October 31, 2024, Mr Caird mentioned he was going to Warsaw for two nights and would then 'go see Auschwitz'. A colleague responded to this with 'Bring [us] back a pair of shoes'.
Disciplinary Proceedings and Appeal
Disciplinary proceedings began in January 2025 with a 15-minute meeting between Mr Caird and his line manager, Jamie MacDougall. Mr Caird was suspended while the messages were investigated, and the next day Mr MacDougall recommended the case be treated as gross misconduct.
During the investigation, BT's Insight and Optimisation Manager, Mr Aitken, acknowledged awareness of the 'Arabs' nickname for Dundee United fans and initially considered it poor grounds for disciplinary action. However, the company later reversed this position.
Mr Caird explained that the 'Arab b******' comment was made in the context of regular banter about football rivalry with the recipient, and while acknowledging his language was inappropriate for the workplace, he maintained there was no intention to abuse or hurt his colleague.
Contradictory Decisions Within BT
Mr Aitken ultimately decided to dismiss Mr Caird on February 12, 2025, though notably did not use the 'Arab' comment as justification, having agreed the allegation based on it was not well-founded. Mr Caird launched an appeal two days later.
BT manager Jeremy Smitham conducted the appeal and rejected it. Crucially, he overturned Mr Aitken's prior decision, ruling that the 'Arab b******' comment constituted a 'serious breach' of BT policy and using it to justify upholding the dismissal. Mr Smitham made a similar ruling regarding the Islamophobia Awareness Month comment.
Tribunal Findings
After a hearing in October 2025, Judge Jude Shepherd ruled that Mr Caird's dismissal was 'procedurally and substantively unfair'. She found it was not 'within the range of reasonable responses' for BT to dismiss him for expressing cynicism about the duration of Islamophobia Awareness Month or for failing to report comments made by colleagues.
Judge Shepherd stated: 'The claimant had not been dismissed for use of the phrase 'Arab b******' as it had been accepted that this was not racially discriminatory and instead referred to the nickname for Dundee United fans. That disciplinary allegation was dismissed in its entirety at the disciplinary hearing stage, but was subsequently used to justify upholding the claimant's dismissal on appeal.'
Origin of the 'Arabs' Nickname
Supporters of Dundee United FC have been known as the Arabs since the 1960s. There are two prevailing theories about the origin of the name:
- The team once played so well on a gritted icy pitch that they were described as 'taking to the sand like Arabs'
- A supporter who resembled Egyptian President Gamal Abdel Nasser shouted to fans one day: 'I am Nasser and you are my Arabs!'
Outcome and Response
Mr Caird, who secured a new job with Virgin Media in November 2025, was awarded £10,926.46. A BT Group spokesperson said: 'We respect the Tribunal's finding and will be complying with the outcome.'
Regarding the other messages of concern, Mr Caird explained he shared the Islamophobia Awareness Month screenshot because he questioned the length of time it was running for, and emphasised he had good relations with Muslim friends and colleagues. He criticised the 'karma' and 'wanna bomb it' comments from his colleagues as 'immature and naive'.
