Fat ginger pikey and salad dodger loses discrimination court case

Fat ginger pikey

Fat ginger pikey

A fat ginger pikey and salad dodger has lost his discrimination case in the UK.

A salesman for a global software company who claimed he was called ‘a fat ginger pikey’, a ‘salad dodger’ and ‘fat Yoda’ has lost his harassment claim.

Sales representative David Evans said he was called the derogatory terms by colleagues, which also included comparing him to Gimli – a dwarf from Lord of the Rings.

Mr Evans, 34, said fellow members of staff labelled him a ‘jellied eel salesman’ and referred to him as ‘wonky eye’.  

He also claimed executives at Xactly, one of the top technology firms based in San Francisco which has a turnover of $100m, repeatedly abused him.

Mr Evans said he was called a salad dodger at least ten times in eight months during a campaign of harassment and tried to sue the firm for race and disability discrimination.

Former Europe Vice President Tom Castley is alleged to have said while waiting in a lift during his second week in the sales job in January 2016 that: ‘I’d rather f*** him than fight him.’

Mr Evans, from south west London, claims former regional sales manager Kevin Henderson called him a salad dodger at a lunch in March 2016, then a ‘fat ginger pikey’ a month later.

Mr Evans, who said he was raised by a traveller family, claims he also called him ‘stupid’ and ‘common’.

Former sales executive and current director, Patrick Morton, was said to call him a ‘Fat Yoda’ in May 2016 when he sat at his desk.

Both Mr Morton and Mr Henderson were alleged to have called Mr Evans ‘Gimli’ on a number of occasions – including sending a picture of the fictional dwarf to colleagues on a company chat system on March 15 last year.

Mr Castley, who has since also been sacked by the company, described him as a ‘second hand car salesman’, it was claimed.

He sounds like a total prat, and the fact that as a salesman he’s been sacked suggests he’s a canoe (no sails on a canoe).

Mr Evans claimed he was victimised due to his race and disability by his former bosses due to his diabetes and under-active thyroid, which caused weight gain.

But an employment tribunal in London found he was not a victim of harassment because he did not complain at the time and could not show a link between his illness and any weight gain.

A panel of judges also found colleagues did not know he had connections to the traveller community or that he was persecuted because of his diabetes.

Judge Joanna Wade said in the panel’s judgement: ‘By far the worst allegation is Mr Henderson’s “fat ginger pikey” comment. 

‘This could have been harassment, but having looked at the context we conclude that it was not.

‘The loose connection between the claimant and travellers makes it very unlikely that the comment was intended to upset him and indeed he agrees that Kevin Henderson would not have had that intention.

‘It also makes it less likely that the effect would be a undermining of the claimant’s dignity because it was not very personal.

‘All the indications are that the claimant was not upset at the time.

‘If he complained at all in June the complaint was not sufficient and so there was no recognisable complaint until the grievance some seven months later.

‘We do not accept that he was the sort of person to absorb an insult quietly and dwell upon it so that it became more distressing.

‘He himself used the ‘c’ word which makes it unlikely he would have been offended by anything which others might consider acceptable.

‘No causal link is established between the claimant’s size and his disability.

‘The claimant also complains that colleagues called him “salad dodger”, “fat Yoda”, and “Gimli”.

‘Some of these phrases probably were used but we struggled to see how they could have been particularly offensive.’

See now there is so much truth in that. Most of the time anyone makes fun of anyone it should be treated as temporary. Especially in the workplace. Grow a pair and rise above it all.

The panel found there was office ‘banter’ which a lot of employees joined in, including Mr Evans.

Judges also said Mr Evans ‘elaborated beyond recognition’ the details of a meeting between him and Mr Castley where the claimant said he complained about being called a pikey.

Judge Wade added: ‘He particularly complained about Mr Henderson’s ‘fat ginger pikey’ comment but did not give any other specific examples.

‘It is not credible that Mr Castley would have rejected a serious complaint about Mr Henderson given his track record of dealing with other staff members, including the claimant, when there was a problem.

‘We think that the most likely explanation is that there was a low-level discussion about Kevin Henderson’s behaviour which the claimant has now elaborated beyond recognition.

‘We find that the reason he did not react was because he was not upset.’

Mr Evans says he was sacked in December 2016 for ‘expressing an interest in leaving the company’, but Xactly claim he was fired for poor performance.

He will have been a canoe….a fat ginger pikey canoe.

‘The reason he was dismissed is very clear, cogent and consistent with the treatment of other staff members who failed to make sales.’

What a pansy. In one organisation I worked in we had a departure lounge, it has the best chair, best desk, best phone handset…the works…the worst performing sales person was allocated an office to themselves…to assist them with concentrating on making calls etc…in reality if you ended up in the departure lounge you had about a month or two left…and if you stayed at the bottom of the sales board…ta ta. The funny thing is anyone who ever got assigned the departure lounge thought they were Christmas and Easter all rolled together. The reality was that all they were getting was the arse card. They never seemed to work it out, even though we openly mocked them for sitting in the departure lounge.

This decision shows that there are still some sensible people in the UK in key positions.

 

-Daily Mail


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As much at home writing editorials as being the subject of them, Cam has won awards, including the Canon Media Award for his work on the Len Brown/Bevan Chuang story. When he’s not creating the news, he tends to be in it, with protagonists using the courts, media and social media to deliver financial as well as death threats.

They say that news is something that someone, somewhere, wants kept quiet. Cam Slater doesn’t do quiet and, as a result, he is a polarising, controversial but highly effective journalist who takes no prisoners.

He is fearless in his pursuit of a story.

Love him or loathe him, you can’t ignore him.

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