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Brewery accused of condoning racism for sacking black worker who complained of being called 'Sooty'
(February 29, 2012)Brewery accused of condoning racism for sacking black worker who complained of being called 'Sooty'
One of Britain's biggest breweries stands accused of condoning racism after a black pub worker was sacked when his manager nicknamed him 'Sooty'.
Despite regularly calling Joel Perry 'the black man' at the Royal Oak pub in Gloucester, Janet Wolszczak has kept her job at another of the Greene King's Hungry Horse chain's sites.
Mrs Wolszczak would tell Mr Perry to stand underneath the light when she was talking to him so that she could see him and when he complained he was falsely accused with stealing drinks.
Joel Perry was nicknamed 'Sooty' and regularly referred to as 'the black man' by Janet Wolszczak
During a disciplinary process, the abuse was described as 'banter' before Mr Perry was told to leave his job.
A panel at Bristol Employment Tribunal found Greene King guilty of racial harassment, direct racial discrimination and victimisation. Greene King settled Mr Perry's claim for compensation out of court after a damning tribunal judgment.
Despite the judgment and its failure to fire Mrs Wolszczak, the brewery is still insisting that its response was 'appropriate'. Mr Perry, who is of Jamaican origin and from Gloucester, refused to comment on the case or reveal the size of his payout.
But it is believed that Greene King paid him compensation running into several thousands of pounds in return for him signing a confidentiality clause. The tribunal heard that Mrs Wolszczak would call Mr Perry 'Sooty' and tell him to 'shut up, you silly black man'.
On one occasion she asked kitchen staff 'When is Sooty back in?'
When they replied 'Who's Sooty?' she said: 'You know - the black man.'
Mr Perry, from Gloucester, told the tribunal: 'I found this offensive. I am truly hurt and upset by this whole situation. Janet has lost all my respect.
The racism and false accusations of theft took place at the Royal Oak in Gloucester
'I truly feel by her words that she does not care. I have told her on many occasions that my name is Joel or Perry.'
Mr Perry first complained in 2009, the day before being accused of helping himself to drinks and suspended by Mrs Wolszczak's husband, Kryn.
A final written warning referred to her comments as 'banter' and he was sacked a month later.
Mrs and Mrs Wolszczak now run the Greengage in Bury St Edmunds, Suffolk, another Green King Hungry Horse pub.
The tribunal criticised Greene King's response to the casual racism of its manageress. It said: 'We note that Mrs Wolszczak was disciplined and given a final written warning.
'However, the warning referred to the words used as being "banter". There is no acknowledgement by the respondents that what had occurred was race discrimination.'
And it deplored the lack of 'practical steps taken to ensure such conduct did not happen again'. It rejected the company's claims that Mr Perry had been stealing drinks as a 'deliberate smear'.
Mrs Wolszczak has now been given a managing position at the Greengage pub in Bury St Edmunds
It ruled: 'We conclude there was a concerted attempt to paint the claimant in the worst possible light and had no regard to the truth.'
They also said Mr and Mrs Wolszczak wanted to get rid of Mr Perry and that was why he was suspended.
Greene King strenuously denies condoning racism.
A spokesman said: 'The company takes such allegations very seriously and after a full and comprehensive investigation appropriate formal action was taken against the manager.
'Complaints such as this are extremely rare within our organisation as a result of our excellent work on diversity and integration and we will continue to instil this culture of respect within our business.'
Anti-racism campaigner Dr Rob Berkley from the Runnymede Trust, said: 'Everyone should have the right to work free from such offensive language. Dismissing the abuse in this case as "banter" is simply unacceptable.
'Racism is not a joke.'
Suresh Grover, director of The Monitoring Group, said: 'As a starting point, [Greene King] should immediately sack the person responsible for the harassment, Mrs Wolszczak.
'This will send a clear message to all other employees that racism will no longer be tolerated at the company.'