Supermarket team leader loses unfair dismissal case
Morrisons’ team leader who was sacked for pulling down a colleague’s hijab loses unfair dismissal case after claiming she was just ‘having a laugh’
- Natalie McGonigle twice pulled down her colleague’s hijab without her consent
- Colleague at a Morrisons in Chelmsford complained to managers in February
- Mrs McGonigle was sacked for gross misconduct after investigation by company
- Employment tribunal has now ruled that Morrisons had every right to sack her
A supermarket worker who was sacked for pulling down a colleague’s hijab has lost an unfair dismissal case after claiming she was just ‘having a laugh’.
Natalie McGonigle who worked for Morrisons pulled down her Muslim colleague’s hijab without her consent on ‘two separate occasions’ in acts which were deemed ‘disrespectful’ towards the colleague’s religion.
The ex-team leader, Mrs McGonigle, who had worked for Morrisons for four years and at the time was working at a store in Chelmsford, Essex, insisted she meant ‘no malice or offence’ and was just ‘messing around.’
Mrs McGonigle was sacked for gross misconduct after a disciplinary investigation by Morrisons, and her appeal against the decision was later dismissed.
An employment tribunal has now ruled that Morrisons had every right to sack Mrs McGonigle for her conduct and ‘misconceived belief’ that her actions were ‘done in jest.’
Managers at the Chelmsford store received a complaint in February this year that Mrs McGonigle twice pulled down her colleague’s hijab without her consent the previous month.
The victim, named only as ‘S’, complained Mrs McGonigle’s actions were ‘disrespectful’ towards her religion.
A hijab is a veil or headscarf worn by Muslim women in the presence of males outside their immediate family, and usually covers the hair, head and chest of the wearer.
Natalie McGonigle pulled down her Muslim colleague’s hijab without her consent on ‘two separate occasions’ in acts which were deemed ‘disrespectful’ towards the colleague’s religion (stock image)
Six days after the complaint was made about Mrs McGonigle, she was suspended from work and a disciplinary investigation was launched.
The tribunal heard other workers saw her yank the headscarf down on both occasions.
Mrs McGonigle denied the second incident but admitted the first, arguing she was just ‘messing around’ and the colleague was ‘pretty without it on’.
She went on to insist she was merely ‘having a laugh’ and meant ‘no malice or offence’.
The tribunal heard other workers saw Mrs McGonigle yank the headscarf down on both occasions (stock image)
Mrs McGonigle also pointed to the fact that she and the colleague ‘remained friends on Facebook’, and attached photos of the colleague ‘not wearing her hijab’ to prove she did not wear it all the time.
Managers dismissed her excuses and said they did not believe there could be any circumstances where pulling down a colleague’s headscarf could be done in jest.
Mrs McGonigle was dismissed for gross misconduct later in February this year.
She later launched an appeal complaining that more consideration should have been given to her ‘poor mental health’ during investigations, but this was not upheld.
Employment Judge Manjit Hallen told the tribunal Mrs McGonigle had displayed a ‘misconceived belief’ that her actions would not cause offence.
Managers dismissed her excuses and said they did not believe there could be any circumstances where pulling down a colleague’s headscarf could be done in jest (file image)
He said: ‘The Tribunal had no doubt in finding that the genuine reason was Mrs McGonigle’s misconduct.
‘At the heart of the case appeared to be a misconceived belief on Mrs McGonigle’s part that pulling down S’s headscarf was done in jest and was not malicious.
‘Given [she] was in a position of authority as a Team Leader with [Morrisons] and should have been fully conversant with the Respect in the Workplace Policy, the Tribunal could not see how [Mrs McGonigle] could have reasonably come to that conclusion.’
Mrs McGonigle’s claim of unfair dismissal was dismissed by the tribunal.
Further claims of breach of contract/unlawful deduction from wages, centering on a ‘Covid bonus’ she thought she was entitled to after being sacked, were also dismissed.
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