A GREGGS worker who was sacked for giving away free sausage rolls and allegedly offering customers marijuana has won a race discrimination case.
Ebeneezer Tagoe was fired for gross misconduct after he was accused of handing customers free pastries and coffees, as well as stealing products.
Mr Tagoe had worked at Crossbush Service station, in West Sussex, since 2016.
The Greggs was formerly a Subway, and Mr Tagoe claimed he was unaware staff were not allowed to eat goods because the fast-food sandwich store previously had a “relaxed” policy.
He also argued he only gave out cheaper items if customers had complained.
Mr Tagoe was also known as the Ganja Man at the bakery, and had been accused of talking about selling marijuana before being fired.
He took the case to a tribunal, where a panel ruled he had been racially discriminated against.
Mr Tagoe argued he had been forced out by his new Sri Lankan manager Anton Fernando, because they wished to hire a fellow Sri Lankan.
He claimed the majority of staff were of Sri Lankan heritage and “excluded” him by speaking their language.
The tribunal heard that: “Under the Subway franchise there had been a relatively relaxed attitude to such things as staff taking food and drink items from the outlet, or to providing free items to customers – for example in response to a complaint.”
In March 2023, Mr Tagoe missed a meeting due to illness in which a new policy was implemented preventing staff from handing out free food or drink.
Staff were also restricted to having just one or two coffees at no cost.
Mr Tagoe was also accused of inappropriate behaviour, unwanted touching and stating that he wanted to “rape one of his supervisors”.
He was suspended while an investigation took place and denied all wrongdoing.
A disciplinary meeting for allegations of gross misconduct found the theft allegations related to a reusable cup being taken, three instances when food was consumed, and four occasions goods were given away for free.
The products ranged in price from £1 to £5.
The harassment claim was against his wife, who worked at the bakery, who he had hugged in the kitchen in front of staff.
He was sacked without a notice period and replaced by a Sri Lankan employee in April 2023.
One of the allegations, that was not upheld, was that he offered drugs to customers – due to his Ghanaian and Rastafarian heritage.
An employment tribunal in Southampton, unanimously decided Mr Tagoe had been unfairly dismissed and that he had been discriminated against because of his race.
He was given £1,413 in unpaid holiday pay.
Employment Judge Adrian Hogarth said: “[Mr Tagoe] has always maintained that the disciplinary process resulting in dismissal was a ‘stitch up’ because for some reason Mr Fernando wanted to get rid of him.
“He says that reason was, one way or another, linked to his race.
“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.”
The judge added: “It is not clear to us why Mr Fernando jumped straight to investigation and disciplinary action without engaging with [Mr Tagoe] about the new policy and explaining that his conduct was now contrary to it. This was not in our view a reasonable thing for an employer to do.
“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, even without any of the other shortcomings we have identified.
“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.
“It is hard to escape the conclusion that his race was at least a factor in the drugs-related allegations that were made against him.”
Compensation is yet to be determined.
