'Juvenile' | Worker unfairly dismissed after making 'Michael Jackson noises'

A warehouse operative has won a claim for unfair dismissal after being sacked for making what were described as “Michael Jackson voices” and “monkey noises” in the workplace.

An employment tribunal found that while the employee’s behaviour was “inappropriate and juvenile”, dismissal did not fall within the band of reasonable responses open to the employer.

Judge Porter ruled that the claimant, Mr Lukasz Zawadzki, was unfairly dismissed by The Co-operative Group, awarding more than £10,000 in compensation.

Allegations of offensive noises

The case centred on a complaint raised by a colleague, referred to as SM, who alleged he had been bullied for between one and two years. SM told investigators that the claimant and another colleague “screamed around him in a Michael Jackson voice” and “made monkey noises” because he was black.