Scots Morrison's worker sues for sexual harassment over colleague's cheeky gift in Secret Santa
MUGGED OFF Scots Morrison's worker sues for sexual harassment over colleague's cheeky gift in Secret Santa
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A BALSY Health and Safety boss sued Morrisons for sexual harassment after being offended over a college being given a rude mug as a secret Santa gift.
Barry Cochrane had barely clocked in his new job at Morrison's-owned abattoir Neerock, in Aberdeen, when he quit crying, claiming he was sexually harassed over a cheeky gift he didn't even receive.
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Barry Cochrane became 'very upset' as he felt he had been 'singled out' for a 'cheap laugh' after seeing the mug his co-worker received in the secret Santa
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Barry Cochrane had worked for the company, Neerock which trades as Woodheads, operates abattoirs and meat processing facilities and is a subsidiary of Morrisons Supermarket
The mug was gifted to one of his co-workers and appeared to be plain white but when filled with boiling water a picture of a pair of testicals wrapped in a bow-tie appeared with the phrase 'I Love Teabagging'.
The bawdy pressie was exchanged during a meeting on December 12, which Mr Cochrane, 54, didn't even attend, due to a delayed start date.
The tribunal heard the gift was given David Orton, who, recognising it was a mug and "suspected that there may be something on the mug which might not be appropriate to show in a work meeting'.
He opened it later at home, took a picture and popped it in the group chat, adding: 'I think I need to have a word with Santa.'
Replies poured in from tickled co-workers, saying 'Haha brilliant', 'I am so jealous Dave' before Head of H&S Sally Smith, said: 'Just checked and thankfully Barry isn't on here yet is he!'
To which another replied: 'Not yet!'
But days later, Mr Cochrane was added to the company's Gmail group chat, and scrolled up to read messages sent before he had been added and became immediately offended at the light-hearted banter.
Mr Cochrane, based in Turriff, Aberdeenshire, where Morrisons owns the Woodheads abattoir site, said the comments and mug left him 'very upset,' felt 'singled out for a cheap laugh.'
He became so distressed he packed up his things and walked out, quitting his new post, claiming he'd been 'named in sexual content.'
Mr Cochrane then took the matter to a tribunal and sued for unfair dismissal and sexual harassment, claiming: 'Instantly, my mental health took a massive hit.'
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The tribunal heard Mr Cochrane 'cried at work,' phoned Mr Orton, and claimed this was the last straw in a build-up of issues.
During an investigation into the exchange Mr Orton said while he regretted 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.
Employment Judge Murdo Macleod dismissed Mr Cochrane's case, finding that his reaction was entirely 'disproportionate' and accused him of blowing it out of proportion so he could sue the company.
He said: 'We consider that [Mr Cochrane's] reaction was disproportionate…
'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.'
The panel dismissed Mr Cochrane's complaints in their entirety.
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