Karl Davies was sacked in the summer of 2024 after a manager filed a complaint against him alleging racial harassment. The 57-year-old worker had been working at food manufacturer Oscar Mayer’s Wrexham factory for 27 years when he greeted a manager with an Irish accent with the words “top of the morning to ya”.
Davies said those words while listening to Irish music. Manager Scott Millward, who was supervising a red-haired remote worker at the time, found the comment offensive and reported the incident. The employer then started an investigation, which led to Davies’ dismissal.
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After a hearing, Judge Vincent Ryan ruled that Davies wanted to make fun of the accent and intended to irritate Millward. “In my judgment, however, he did not intend to racially intimidate the manager and there is no evidence presented that it had that effect on anyone,” the judge said.
Inconsistent statements
The judge strongly criticized the company’s investigation. It was run by a manager against whom Davies had previously filed a complaint. “In addition, witness statements appeared to be inconsistent and the investigation was largely based on assumptions,” the British public broadcaster BBC quotes from the judgment.
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Davies’ long service record was also not taken into account. “The accusation concerned an alleged racist statement that would have damaged the victim’s reputation and resulted in dismissal. These are serious accusations,” the judge wrote. “But based on the facts of this case, the dismissal is unjustified.”