Morrisons manager sues for sexual harassment over rude Secret Santa mug... that wasn't even for him
Barry Cochrane had only just started his new job at a Morrisons-owned abattoir and was offended when a mug featuring cartoon testicles was handed out at a work Christmas party he didn't even attend.
When he was added to a work group chat, he did not appreciate the mug, which had a picture of testicles with the words 'I LOVE TEA BAGGING' underneath.
After being added to the chat, he scrolled up and saw that another employee had said she was 'thankful' he hadn't seen the rude mug because he had not been added yet.
He was 'very upset' as he felt he had been 'singled out' for a 'cheap laugh' which left him feeling 'humiliated', leading him to walk out during his shift, saying he had no option but to resign due to being 'named in sexual content', it was heard.
He took the matter to an employment court and sued for unfair dismissal and sexual harassment.
But now the employment judge has thrown out his claims of sexual harassment and constructive dismissal, saying his reaction was 'disproportionate' and clearly 'confected with litigation in mind'.
The tribunal, held in Aberdeen, was told Mr Cochrane started working for Neerock, a company which operates abattoirs and meat processing facilities and is owned by Morrisons, as a Health and Safety Specialist on December 11 2023.
On December 12, employees got together and exchanged gifts. While Mr Cochrane was initially invited, the invitation was later withdrawn due to a delay in his start date.
During this get-together, Senior Health & Safety Manager for Morrisons, David Orton, was given a wrapped mug which he was encouraged to open in the moment.
The tribunal heard he 'suspected that there may be something on the mug which might not be appropriate to show in a work meeting'.
It was heard: ' When he returned home, Mr Orton opened the mug, to find it blank, but when filled with hot fluid, it revealed a picture of a pair of male testicles wrapped in a bow-tie, with the words 'I LOVE TEABAGGING' underneath.'
Mr Orton took a picture of the mug and uploaded it to a team group chat with the comment 'I think I need to have a word with Santa'.
The tribunal heard that several employees reacted to the mug with laughing emojis, with comments like 'Haha brilliant' and 'I am so jealous Dave' flying in the chat.
Sally Smith, Morrisons' Head of Health and Safety, then messaged: 'Just checked and thankfully Barry isn't on here yet, is he!'
To which David Orton replied: 'Not yet!'
Moments later, Ms Smith added Cochrane to the group, unaware that new members could scroll back and read previous messages.
On December 20, Mr Cochrane did just that, and after reading the thread, he broke down in tears at work.
'He said he became very upset when he saw the exchange on the group chat, and particularly the comments made by Mr Orton and Ms Smith,' the tribunal said.
He packed up his things and walked out of the office.
He called Mr Orton and explained to him that 'he was leaving and that this was because of the build-up of a number of issues, and finally because he had been singled out on the group chat'.
Mr Orton was 'shocked and surprised' by his resignation, and when the employee got home he sent an email which was titled 'resignation due to being named in sexual content'.
The senior employee wrote: 'I was totally shocked to see this on the official Morrisons intranet/email system, and feel humiliated as I was singled out and named by the Head of H&S in her remark - in full view of the entire H&S Team.
'The job is tough enough and there is lots to do, but I would have got to that in time, but after seeing this sexual content and naming me (and only me) I have no option but to resign.'
In a later email, he said he 'expected professionalism from Morrisons - not flaunting sexual material for all to see on Gmail chat, and sickeningly naming me for cheap laughs at my expense'.
'Instantly, my mental health took a massive hit, and I couldn't bear working with a team that considers brandishing this type of sexual material around the H&S team members for kicks during work,' he added.
The day after Mr Cochrane's resignation, an email was sent out to the Health and Safety team reminding them to ensure all work chats are 'in line with our company policy'.
An investigation into the exchange in which Mr Orton wrote that while he regrets sending a picture of the mug, it was 'meant in the spirit of a laugh'.
Ms Smith said that she made the comment about Mr Cochrane because she thought 'oh what what will Barry think of us' having not been in the meeting or understanding the context of the message.
Mr Cochrane, who said he resigned after reading the thread on the group chat, sued for unfair dismissal and sexual harassment.
Employment Judge Murdo Macleod said there is 'no doubt' that the comments in the group chat were not directed at Mr Cochrane.
The judge said: 'We consider that [Mr Cochrane's] reaction was disproportionate, given that he was not involved in the exchange and that it was plainly not directed at him at the time it was posted.
'[Mr Orton and Ms Smith's] explanation for their comments is entirely credible; they were concerned that as a new employee, he would get 'the wrong impression' of the team by seeing these matters discussed.
'In other words, there was a level of embarrassment on their part that such matters would be included in a work-related team chat.
'It is clear to us that [Mr Cochrane] did not find the initial comment, nor the legend on the mug, to be offensive. He thought it was funny.
'His outrage at his name being mentioned on the thread is confected, with this litigation in mind.
'It is quite clear that if anyone was being singled out for ridicule, it was Mr Orton.'
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