No Discrimination Claim for "fat, ginger, Pikey" jibe

A salesman who bought a claim for discrimination after being called a “Fat, ginger Pikey” by his boss, has lost his case at Employment Tribunal. David Evans, who worked at a software company claimed that he suffered abuse and name calling, including “salad dodger” and “fat Yoda” claiming racial harassment.

Mr Evans claimed that his was victimised by his former boss because of his race (he said he was raised by a Traveller family) and because his diabetes and underactive thyroid contributed to his weight gain. Because Mr Evans had waited some eight months before bringing the harassment claim, the Tribunal decided that there was no case to answer as he had clearly not taken offence at the time of the alleged name calling; which included “jellied eel salesman” and likened him to Gimli, a dwarf character from The Lord of the Rings.

The Tribunal looked at the context of the claims and agreed that whilst the reference to “fat, ginger Pikey” could have been harassment, that it was not. There was a culture of ‘banter’ at Mr Evans workplace, in which he and his work colleagues participated. It was reported that MR Evans often used the ‘c’ word which led the Tribunal to conclude that he was not the sort of person to take offence or to dwell on an insult whereby it became distressing.

Mr Evans bought the claim after being dismissed from his job for poor performance, however his employer was able to prove that his treatment was consistent with other employees who failed to make sales.

Mr Evans says he will appeal the Tribunal’s decision.

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12 January 2018, 13:26
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