Banter can exist in the workplace, court rules

An employment tribunal heard that an OCADO manager who referred to the USDAW union as "Useless Skiving D---heads Avoiding Work" was just having work banter.

Mr Steven Bartlett, the operations manager at one of Ocado's North London sites, was accused of using the phrase as part of Ocado's alleged "animosity" towards Mr Simon Grimshaw. Mr Grimshaw is the representative of the Union of Shop, Distributive, and Allied Workers (USDAW) union.

He latterly complained that he was targeted because of his union role, citing the phrase as evidence. 

However the tribunal concluded that the terminology used was simply "banter" between the boss and the union rep and the pair actually had a "professional and respectful working relationship".

Furthermore, the Watford employment tribunal heard that Mr Grimshaw was suspended in late 2019 after CCTV footage appeared to show him slapping a female colleague's bottom. He subsequently resigned in February 2019 before the disciplinary process had concluded. Following this incident he took Ocado to tribunal, claiming constructive dismissal and unfair treatment. 

His allegation was that by calling the USDAW "Useless Skiving D---heads Avoiding Work" his employer had breached "the duty of trust and confidence" that existed.

However the judge, a female, said the phrase did not prove this and she said, "We do not accept there was animosity in [Ocado] towards the trade union or [Mr Grimshaw]. We accept there was banter on both sides. The tribunal concluded his resignation was a result of the disciplinary incident that "would almost certainly result in dismissal. We consider these were the fundamental factors in [his] decision to resign rather than any actions by [his managers]."