Latest news with #BarryCochrane
Daily Mail
7 hours ago
- Daily Mail
Morrisons manager sues for sexual harassment over rude Secret Santa mug... that wasn't even for him
A Morrisons manager sued for sexual harassment over a rude Secret Santa mug - which 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 While Mr Cochrane was initially invited, the invitation was later withdrawn due to a delay in his start date.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.'
Scottish Sun
20 hours ago
- Scottish Sun
Scots Morrison's worker sues for sexual harassment over colleague's cheeky gift in Secret Santa
Barry Cochrane quit his new job claiming he was sexually harassed over a cheeky gift he didn't even receive MUGGED OFF Scots Morrison's worker sues for sexual harassment over colleague's cheeky gift in Secret Santa Click to share on X/Twitter (Opens in new window) Click to share on Facebook (Opens in new window) 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. Sign up for Scottish Sun newsletter Sign up 2 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 2 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.' Moment Scots nurse who is suing NHS amid trans doctor row is piped into tribunal as dozens show support 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.
Telegraph
a day ago
- Health
- Telegraph
Lewd secret Santa gift left abattoir worker in tears
A health and safety manager at an abattoir has sued his workplace for sexual harassment over a secret Santa gift. Barry Cochrane was reduced to tears and felt he had no option but to resign after his colleague was given a mug that revealed a crude message about 'teabagging' when filled with hot liquid. Mr Cochrane had not been at the meeting when the presents were exchanged, but took offence when he felt jokes were made at his expense when 'sexual content' was being discussed. After being added to a work group chat, he scrolled up to find a colleague had said she was 'thankful' he had not seen the mug. Mr Cochrane said he felt 'humiliated' and tried to sue his employer for unfair dismissal and sexual harassment. A judge dismissed his claims in their entirety, finding Mr Cochrane's reaction to be 'disproportionate' and ' confected with litigation in mind '. The tribunal, held in Aberdeen, was told Mr Cochrane started working for Neerock, a Morrisons-owned meat-processing company, as a health and safety specialist on Dec 11 2023. Mr Cochrane was initially invited to the meeting where gifts were exchanged on Dec 12, but his invitation had been withdrawn because of a delay in his start date. 'Singled out' David Orton, a senior health and safety manager at Morrisons, received the gift and 'suspected that there may be something on the mug which might not be appropriate to show in a work meeting'. Mr Orton unwrapped the gift at home to find a blank mug which, when filled with hot fluid, revealed a picture of a pair of testicles wrapped in a bow-tie with the phrase 'I love teabagging' underneath. He took a picture of the mug and sent it to a team group chat, adding: 'I think I need to have a word with Santa.' Various employees reacted to the messages with laughing emojis, before Sally Smith, head of health and safety for Morrisons, wrote: 'Just checked and thankfully Barry isn't on here yet is he!' Mr Orton commented 'not yet!' and minutes later Ms Smith added Mr Cochrane to the group chat but was unaware he would be able to read earlier messages. On Dec 20, Mr Cochrane saw the messages and cried at work, before packing up his belongings and leaving the office. He told Mr Orton among other issues he was leaving 'because he had been singled out on the group chat'. 'No option but to resign' When Mr Cochrane returned home, he sent an email titled 'resignation due to being named in sexual content', in which he said he had felt 'humiliated'. He added: '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.' Mr Orton later said he regretted sending the picture, adding that it was 'meant in the spirit of a laugh'. Ms Smith said that she made the comment because she thought 'oh what will Barry think of us' having not been in the meeting or understanding the context of the message. Employment Judge Murdo Macleod said the pair's explanation for their comments was 'entirely credible'. He added: '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 that time it was posted. 'His outrage at his name being mentioned on the thread is confected, with this litigation in mind.'
