A Co-op warehouse worker has been vindicated in a landmark employment tribunal after he was sacked for turning off a Michael Jackson song, a ruling that has significant implications for workplace culture and managerial authority.
Stephen Harnett, 52, was dismissed from his role at the Co-op's distribution centre in Coventry last year. The termination followed an incident where he switched off the King of Pop's iconic hit, Billie Jean, which was playing on a workplace radio. Management deemed this a act of insubordination and a breach of company policy.
A Clash Over the Airwaves
The tribunal heard that the warehouse had an informal system where staff took turns to control the radio. However, on this particular day, a manager had specifically instructed that the Michael Jackson track remain on. Mr. Harnett, who testified that he found the music "annoying," defied this direct order and turned it off.
This single act led to a disciplinary procedure that culminated in his dismissal for alleged misconduct. The Co-op argued that his actions constituted a deliberate refusal to follow a reasonable management instruction.
Tribunal Slams 'Unreasonable' Dismissal
Employment Judge Paul Holmes delivered a scathing verdict, finding the dismissal to be both procedurally and substantively unfair. The judgment criticised the Co-op's investigation as being wholly inadequate.
"Turning off a radio is not an act of misconduct," the judge stated. He noted that the company's own policies did not explicitly list such an action as a dismissible offence. The tribunal concluded that the punishment was "entirely disproportionate" to the minor nature of the incident.
Financial Award and Wider Implications
As a result of the ruling, Mr. Harnett was awarded £19,347.43 in compensation. The sum covers lost earnings and a contribution for the unfair manner of his dismissal.
This case serves as a stark reminder to UK employers about the limits of their control and the importance of proportionality in disciplinary matters. It underscores that not every act of defiance warrants the severe penalty of dismissal, and that company policies must be clear, reasonable, and fairly applied.
