A Greggs employee has successfully won a race discrimination case at an employment tribunal after being dismissed for gross misconduct from a West Sussex service station.
Ebeneezer Tagoe, who worked at the Crossbush Service station branch since 2016, was sacked following accusations that he distributed free pastries and coffees to customers and stole products from the bakery chain.
The Southampton employment tribunal unanimously ruled that Mr Tagoe had been unfairly dismissed and subjected to racial discrimination.
Among the allegations levelled against him was a claim that he offered marijuana to customers, which the tribunal found was connected to his appearance as a black African man with Rastafarian features.
Ebeneezer Tagoe, who worked at the Crossbush Service station branch since 2016
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The amount of compensation Mr Tagoe will receive has not yet been decided.
The disciplinary case against Mr Tagoe centred on several incidents, including taking a reusable cup, consuming food on three occasions, and giving away items worth between £1 and £5 to customers on four separate occasions.
Mr Tagoe maintained that he was unaware of new restrictions on staff taking food and drink, having missed a meeting in March 2023 due to illness when the policy was introduced.
The outlet had previously operated as a Subway franchise, where staff were permitted to take food and drink items and offer free products to customers who complained.
The worker was sacked following accusations that he distributed free pastries and coffees
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Mr Tagoe argued he only provided cheaper items to customers who had raised concerns.
He had also acquired the nickname “Ganja Man” among some customers and colleagues, and faced accusations of discussing selling marijuana before his termination.
The tribunal panel was critical of how swiftly the disciplinary proceedings were conducted against a long-serving member of staff.
Employment Judge Adrian Hogarth said: “We were certainly struck by the speed with which numerous allegations of incidents of misconduct over a short period of a few days were identified, investigated and then raised in the formal disciplinary process against a long-standing employee.”
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The judge questioned why management had not simply spoken to Mr Tagoe about the new policy rather than immediately launching formal proceedings.
Judge Hogarth added: “In our view the failure to allow time sufficient for [Mr Tagoe] to defend himself effectively was a fatal flaw in the procedure that rendered the procedure unfair.”
Regarding the drug-related accusations, the judge said: “The misconduct around drugs that related to [Mr Tagoe’s] nickname (used by some customers and staff) as the Ganja man was plainly linked to his appearance as a black African man of a Rastafarian appearance.”
Mr Tagoe contended that his manager Anton Fernando had orchestrated his removal from the company in order to hire a fellow Sri Lankan worker.
The tribunal awarded him £1,413 in unpaid holiday entitlement
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PAHe claimed that most of his colleagues were of Sri Lankan heritage and that he felt excluded when they conversed in their native language.
The tribunal heard that Mr Tagoe had always believed the disciplinary process was a “stitch up” designed to force him out.
Judge Hogarth noted: “He says that reason was, one way or another, linked to his race.”
Following his dismissal without notice in April 2023, Mr Tagoe was indeed replaced by a Sri Lankan employee.
The tribunal awarded him £1,413 in unpaid holiday entitlement, with further compensation still to be calculated.