Boss’ mocking of Liverpudlian driver was not discrimination
A Liverpudlian bus driver, who claimed his boss discriminated against him when he was mocked with Harry Enfield's famous 'Scousers' sketch, has lost his case at an Employment Tribunal.
Antony Ryan was told to ‘calm down, calm down’ – a famous catchphrase from Enfield’s sketch – by his boss, Margaret Robertson. He said he was so “offended” by the reference to this stereotype, he missed two days’ work. He was later sacked for unauthorised absence.
Mr Ryan then brought the company before an Employment Tribunal, making numerous claims against his former employer, including discrimination on the grounds of the protected characteristic of race (national origin). This refers to a group of people defined by their race, colour, and nationality (including citizenship), ethnic or national origins.
He argued if he had not been spoken to in an unprofessional manner, he would not have felt “insulted, ridiculed and offended” and therefore would not have missed work on those two days.
However, the panel concluded that this was not a medical reason to miss work. It found he was not discriminated against as the comment only related to Mr Ryan being from Liverpool and not England.
It concluded:
"The 'catchphrase' seemed to relate to use of the words 'calm down, calm down' in a Liverpool accent. The discrimination claim is wholly reliant on the use of those words. Mr Ryan is from Liverpool and it is because he hails from that city that he took offence. I agree that the alleged comment could mock Mr Ryan as a Liverpudlian but not as an English person. I do not consider that simply because that city is based in England that Mr Ryan was being mocked for being English and so mocked on account of his national origin.
"The alleged words used could only refer to a very specific comic stereotype of a Liverpudlian and not directly or by inference a reference to national origin. The comment may well have been unprofessional or uncalled for, but it is not in my view discriminatory because there was no mocking of the claimant on account of his national origin namely being English. The phrase used was not indicative of discrimination against English people and so the claimant could not have been discriminated against."
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