Wholesaler Bookers recently learned the importance of creating a respectful work culture.
They took a stand on a specific incidence of workplace behaviour when, it turned out, the whole workplace was deemed to be ‘toxic’.
Ogden v Booker Limited
In the case of Ogden v Booker Limited, Booker dismissed Mr Ogden for being rude to a colleague by using unacceptable and offensive language in the workplace. Yet the tribunal found that, although Mr Ogden had indeed made the comment, he had nevertheless been unfairly dismissed. Why? Because in the circumstances, the comment was no worse than what others said in the workplace.
The tribunal said that Mr Ogden had been “left without a chair when the music stopped”. The office he worked in was a “free-for-all”. They said that Booker had allowed a “dysfunctional and seemingly toxic office, with many participants in this unprofessional behaviour”.
A reminder to employers: strive to be consistent and fair
Booker should have taken their workplace culture into account when investigating the allegation against Mr Ogden. As it turns out, it was relevant to the fairness of dismissal as the sanction. This case is a reminder to employers that workplace standards must be consistently applied. Inconsistency risks singling out employees unfairly, as was the case for Mr Ogden.
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