Gary Smyth v ASDA Stores & Another
Religious/political discrimination proceedings brought in the Fair Employment Tribunal
which settled on 4 February 2013.
Summary
The Claimant is Catholic and was employed as a shop assistant on the night shift at an
ASDA store located outside Belfast from April 2010 until his resignation in January
2013. The Claimant worked three nights per week.
The Claimant alleged that during his employment he was subjected to sectarian
harassment by a manager. The Claimant alleged that a manager called him a “hood”
and a “Westie”. The Claimant was from West Belfast. The Claimant alleged that when
he asked this manager why another member of staff was leaving, the manager told him
that it was because this employee was ashamed to be a Catholic working with the
Claimant. The Claimant alleged that he told this manager that he would report him but
alleged that the manager replied by querying who would believe “a wee Westie” over
the manager.
The Claimant alleged that the manager made other comments of a sectarian nature.
He alleged that when he told the manager that he was not working on Easter Monday,
the manager suggested that the Claimant wanted the day off to go to parades and
referred to him as a “wee dissident” and as ugly. The Claimant alleged that when he
asked the manager for help, the manager brushed past him saying: “Watch yourself you
West Belfast scumbag.”
The Claimant alleged that he reported these incidents to another manager who advised
the Claimant that he would tell another manager.
The Claimant alleged that the person who harassed him continued to make further
sectarian remarks. For example, he alleged that in April 2012 the manager referred to
his “wee West Belfast haircut”. In addition, the Claimant alleged that the manager
attempted to interfere with his request for holiday leave.
The Claimant raised a grievance in April 2012. The Claimant met with the personnel
department in early May 2012 and alleged that he was told that he would not be working
with the manager who allegedly made the sectarian comments again. However, the
Claimant alleged that he was told to take annual or unpaid leave on two occasions in
May 2012 as the manager had been rostered to work with him on those shifts. The
Claimant also alleged that he was not able to take advantage of overtime. This was
because the manager worked 4 nights per week and the Claimant could not work with
him.
In August 2012 the Claimant’s grievance was upheld in part. The First Named
Respondent found that the comments “Westie” and “Westie haircut” were used by the
manager.
The Claimant was very unhappy at the treatment he had received from the manager
and did not feel that his employers had responded appropriately or had fully supported
him. The Claimant had reduced his hours at work due to stress and experienced
depression and anxiety.
The Respondents made no admission of liability in respect of the Claimant’s claim or by
entering into this agreement. The Claimant resigned from his employment. The First
Named Respondent agreed to pay without admission of liability an ex gratia gross
payment of £30,000. The First Named Respondent agreed to provide the Claimant with
a factual reference. The First Named Respondent reaffirmed its commitment to equality
of opportunity in employment and undertook, if requested to do so, to meet with the
Equality Commission to review its policies, practices and procedures to ensure that they
are effective in ensuring that within the First Named Respondent company all
employees enjoy a neutral working environment and conform with the requirements of
the Fair Employment and Treatment (NI) Order 1998 as amended and the Fair
Employment Code of Practice and to consider any reasonable recommendations the
Commission may make including any regarding training of management and staff.