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Employment Tribunal Rules Co-op Unfairly Dismissed Worker Accused of Michael Jackson Imitation

The judge said the company failed to follow a fair disciplinary process.

Overview

  • The Co-operative Group was ordered to pay Lucasz Zawadzki more than £10,000 after a Manchester tribunal found his dismissal unfair.
  • A colleague, identified as SM, had accused Zawadzki of making high-pitched “hee hee” noises like Michael Jackson as well as monkey noises and being racist.
  • Zawadzki admitted making embarrassing, juvenile noises at work, including grunting and moaning he conceded were inappropriate, but he denied racist intent or impersonating Jackson.
  • Judge Carol Porter found there was no satisfactory evidence the admitted conduct caused SM distress or amounted to bullying or harassment.
  • The ruling noted procedural failings, including that Zawadzki had not been warned and was not shown to be aware of a zero-tolerance policy before he was suspended and dismissed following a December 2023 complaint.