A man sacked from working in a warehouse after being accused of impersonating Michael Jackson was unfairly dismissed, an employment tribunal has found.
Lucasz Zawadzki was accused by a colleague of making high-pitched “hee hee” noises mimicking the US pop star, the tribunal in Manchester heard.
Mr Zawadzki was also accused by the colleague, who is black, of making monkey noises and being racist at the Co-Operative warehouse where they worked.
He admitted making “embarrassing and juvenile” noises in the workplace but said they were not racist.
The Co-Operative Group was ordered to pay him more than £10,000 in compensation after employment judge Carol Porter found he was unfairly dismissed.
A colleague, referred to as SM, reported to his manager that he had been a victim of bullying in December 2023, according to the tribunal’s judgment.
Mr Zawadzki was told a complaint had been made against him in which the colleague alleged he made a “screaming noise in the style of Michael Jackson”, which was described as a high-pitched “hee hee” sound.
He later admitted making “grunting and moaning” noises with another colleague and agreed these could be described as “orgasmic” and it was “not appropriate” in the workplace.
He also said a colleague had commented on his “high-pitched laugh”.
But he denied impersonating the US pop star and making monkey noises, saying he did not want to “bully or hurt someone”.
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The tribunal heard Mr Zawadzki was suspended after “an alleged breach of the bullying, harassment and discrimination policy, specifically making inappropriate comments to a colleague causing hurt and distress”.
In her judgment Judge Porter said: “In essence the misconduct of the claimant was inappropriate and juvenile conduct in the workplace.
“There was no satisfactory evidence before the dismissing officer that that particular admitted conduct was offensive to SM, or caused him distress.
“There was no satisfactory evidence before the dismissing officer that the claimant had, by making those noises, engaged in bullying or harassment.
“The claimant gave clear evidence, which was not contradicted, that he had worked with SM for a long time and SM had never told him that he found this inappropriate and juvenile behaviour offensive.”
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She also found “the claimant was not aware of the company’s zero-tolerance policy in relation to inappropriate and juvenile behaviour in the work place” or had “received any warnings that such behaviour was unacceptable”.
