A former Greggs supervisor who was subjected to racial slurs and unfairly dismissed has won his claim for race discrimination at an employment tribunal.
'Ganja Man' Nickname and Allegations of Misconduct
Ebeneezer Tagoe, who worked at the Crossbush Service Station in West Sussex since May 2016, was known by the nickname 'ganja man' among some colleagues and customers. The tribunal heard this was linked to his Ghanaian heritage and Rastafarian appearance.
Mr Tagoe faced a series of allegations after the site transitioned from a Subway to a Greggs in March 2023. He was accused of giving away free items like sausage rolls, pasties, and coffees, which he stated was a carry-over from Subway's more relaxed policy for handling customer complaints.
He was also accused of talking about selling marijuana and stealing baked goods, which he denied. A further serious allegation that he stated he wanted to 'rape one of his supervisors' was made, which left him 'shocked and upset'.
A 'Stitch Up' Disciplinary Process
The tribunal found the disciplinary process was rushed and unfair. Mr Tagoe was dismissed for gross misconduct in April 2023 without a notice period and was swiftly replaced by a Sri Lankan employee.
He argued that the new Sri Lankan manager, Anton Fernando, wanted to remove him to bring in a fellow countryman, describing the process as a 'stitch up'. The tribunal noted that almost all staff were of Sri Lankan heritage and often conversed in their own language, making Mr Tagoe feel excluded.
Employment Judge Adrian Hogarth stated: "We were certainly struck by the speed with which numerous allegations... were identified, investigated and then raised in the formal disciplinary process against a long-standing employee." The judge criticised the failure to properly explain the new Greggs policy before taking disciplinary action.
Tribunal's Landmark Ruling
The Southampton tribunal unanimously ruled that Mr Tagoe was both unfairly dismissed and a victim of race discrimination. It found the drugs-related allegations were plainly linked to his race.
Judge Hogarth said: "It is hard to escape the conclusion that his race was at least a factor in the drugs-related allegations that were made against him." The harassment claim regarding unwanted touching was not upheld.
The so-called 'theft' related to items worth between £1 and £5, including giving away sausage rolls and a reusable cup. The tribunal concluded these actions did not amount to gross misconduct.
Mr Tagoe was awarded £1,413 in unpaid holiday pay. A separate hearing will determine compensation for the discrimination and unfair dismissal. Greggs has not yet commented publicly on the ruling.
