🕺 What Actually Happened
In December 2023, warehouse worker Lucasz Zawadzki was working at a Co-operative Group distribution centre when a colleague (referred to as SM) raised a complaint.
SM, who is Black, alleged that Zawadzki made Michael Jackson-style “hee-hee” noises and also claimed he made monkey noises, which were reported as bullying and harassment.
Zawadzki admitted that he had been joking with another colleague and making “juvenile” noises – including grunting and moaning, which he described as “embarrassing” and “orgasmic” in tone. However, he denied making monkey noises and strongly denied any racist intent with his behaviour. He insisted he never intended to “bully or hurt someone.”
The Co-op investigated and dismissed him for gross misconduct, citing a breach of their zero-tolerance bullying and harassment policy.
⚖️ What Claims Were Brought
Zawadzki brought a claim of unfair dismissal to the Employment Tribunal, arguing that:
- There was no evidence that his conduct had harassed or distressed his colleague.
- He had not been warned previously about his behaviour.
- He was unaware of the zero-tolerance policy.
- Dismissal was not a reasonable or proportionate response.
✅ What Did He Win – and Why?
The Employment Tribunal, chaired by Judge Carol Porter, agreed with Zawadzki and ruled his dismissal unfair.
Key reasons included:
- No strong evidence that his conduct was harassment or had actually caused distress.
- The complainant had worked with him for years and had not previously raised concerns when similar behviour had happened before.
- Zawadzki had not been made aware of the zero-tolerance policy and had never been warned.
- His behaviour was deemed “juvenile and inappropriate,” but not gross misconduct.
- A warning, informal resolution, or training would have been more appropriate than dismissal in this context.
💷 Why the £10,611 Compensation?
The tribunal award for his unfair dismissal claim was made up of the following:
- Basic Award – calculated like redundancy pay (based on age, length of service, and weekly gross pay).
- Compensatory Award – covering lost net wages until he found a new job.
The tribunal reduced the award slightly to reflect his own admission that his conduct was immature. But because the Co-op’s process and decision were unfair, he was still awarded over £10,600 in total.
🔑 Lessons for Employers
This case highlights multiple lessons for employers:
- Investigate Thoroughly 🕵️♀️
- Gather evidence from all sides.
- Interview witnesses and cross-check accounts.
- Don’t rush to judgment.
- Communicate Policies Clearly 📖
- Employees must know your standards and workplace rules.
- Policies should be trained on, not just handed out. Get all staff to confirm understanding by signing or tracking using technology.
- Reinforce zero-tolerance policies regularly – don’t let them sit there gathering dust!
- Proportionality Matters ⚖️
- Dismissal should be a last resort.
- Ask: is a warning, training, or mediation more appropriate with these set of facts?
- Consistency is Key 🔑
- Treat similar cases the same way.
- Inconsistent handling opens you to allegations of discrimination and tribunal claims.
- Fair Process = Protection 🛡️
- Tribunals often rule against employers not for the conduct itself, but because the process was flawed.
- Follow ACAS codes of practice on discipline and grievance as well as your own internal processes.
- Support Both Parties 🤝
- Take complaints seriously and ensure complainants feel safe.
- But also ensure the accused is treated fairly and has a chance to respond.
- Train Managers Regularly 🎓
- Many tribunal losses happen because managers don’t understand procedure and can’t have the difficult conversations when they are needed most.
- Equip managers with the skills to handle grievances, investigations, and disciplinary matters and the confidence to have the difficult conversations.
- Think About Culture 🌱
- A strong, inclusive culture makes it easier to address inappropriate behaviour early.
- Employers who encourage openness are less likely to face escalated claims.
- People remember how you make them feel 👀
🌱 How We Can Help at Thrive Law
At Thrive Law, we support employers to avoid tribunal claims like this by:
- Reviewing and drafting policies that are clear, inclusive, and practical as well as neuroinclusive!
- Delivering bespoke training to managers and teams online and in person.
- Providing ongoing HR and legal advice to ensure fair processes are always followed and to be on hand when you want someone to bounce off.
Our goal is to help you build workplaces where people – and businesses – truly thrive.
🎥 Watch and Read More
- 📹 Watch our video breakdown of this case [Insert Thrive video link once live]
- 📖 Read the full tribunal judgment here: Mr Zawadzki v The Co-operative Group – Tribunal Judgment PDF
✅ Want to protect your business from costly mistakes like this? Get in touch with the Thrive team today on enquiries@thrivelaw.co.uk
