A factory worker in Wrexham who was dismissed for greeting a manager with 'top of the morning to ya' in a mock Irish accent has been awarded £16,000 for unfair dismissal. Karl Davies, 57, made the remark while listening to Irish music at the Oscar Mayer ready meal plant on 13 August 2024.
The employment tribunal in Mold heard that Davies directed the comment at manager Scott Millward, who was escorting a red-haired external auditor. Millward reported the incident, leading to an investigation into potential racial harassment.
Judge Vincent Ryan accepted that Davies was 'effectively channelling the musical vibe' but described his behaviour as 'reprehensible' and 'mocking'. However, the judge found no evidence that the comment was intended to racially harass Millward or had that effect on anyone.
The tribunal criticised Oscar Mayer's investigation, noting that the chosen investigator had an unresolved grievance against Davies, witness statements were inconsistent, and the probe was 'largely based on assumptions'. The company failed to consider Davies' clean disciplinary record and 27 years of service.
Judge Ryan emphasised that the ruling did not condone mock accents, stating: 'This case is not an indication of wokeness or anti-wokeness.' The payout reflects the unfair dismissal, not approval of the behaviour.
