A warehouse operative who was dismissed for making high-pitched noises reminiscent of Michael Jackson’s signature “hee-hee” sounds has won an unfair dismissal claim against the Co-operative Group, with Manchester Employment Tribunal ordering the retail giant to pay him £10,611 in compensation.
Lukasz Zawadzki, who had worked at the Co-op warehouse since December 2015, found himself at the centre of a misconduct investigation after a black colleague accused him of making monkey noises and impersonating the late King of Pop’s distinctive vocal sounds in what was alleged to be racist behaviour.
The tribunal heard that in December 2023, a colleague referred to only as “SM” reported to management that he had been a victim of bullying, alleging that Zawadzki made “a screaming noise in the style of Michael Jackson” characterised by high-pitched “hee-hee” sounds.
Employment Judge Carol Porter ruled that while the claimant’s behaviour was “inappropriate and juvenile”, the Co-operative Group’s decision to dismiss him for gross misconduct did not fall “within the band of reasonable responses” expected from an employer.
The judge found there was “no satisfactory evidence” that Zawadzki had engaged in bullying or harassment through his actions, noting that he had worked alongside the complainant for approximately 18 months without any prior indication that his behaviour was causing offence.
During the disciplinary proceedings, Zawadzki admitted to making “grunting and moaning” noises with another colleague, acknowledging these could be described as “orgasmic” and were “not appropriate” for the workplace. However, he vehemently denied making monkey noises or having any racist intent, maintaining that his vocal antics were merely attempts to inject humour into the workplace.
“The claimant gave clear evidence, which was not contradicted, that he had worked with SM for a long time and SM had never told him that he found this inappropriate and juvenile behaviour offensive,” Judge Porter stated in her judgment.
The tribunal was told that an independent witness had confirmed hearing what they described as “a sort of hee-hee noise”, which formed part of the evidence leading to Zawadzki’s dismissal in March 2024. However, Judge Porter found this insufficient to justify termination without prior warning.
The Co-operative Group’s dismissal letter cited a breach of their bullying, harassment and discrimination policy, specifically making inappropriate comments to a colleague causing hurt and distress. The company operates what they describe as a zero-tolerance approach to such behaviour.
Zawadzki appealed the decision to the general manager a month after his dismissal, arguing that the decision had been predetermined before he could properly present his case. The tribunal heard he became so frustrated during the appeal meeting that he banged his fist on the table before leaving.
Employment law specialist Mohammed Balal, commenting on similar cases, noted that the increase in tribunal compensation limits from April 2024 has raised the stakes for employers. The maximum compensatory award for unfair dismissal increased from £105,707 to £115,115, while the limit on a week’s pay for calculating awards rose from £643 to £700.
The tribunal’s decision to halve Zawadzki’s compensation from the initial calculation acknowledged that his workplace behaviour had been unprofessional. Judge Porter emphasised that whilst the conduct was “embarrassing and juvenile”, it did not constitute bullying or harassment warranting summary dismissal.
“He had been engaging in this type of juvenile behaviour for some time and had not received any warnings that such behaviour was unacceptable and could lead to disciplinary action including dismissal,” the judge concluded.
The case highlights the importance of progressive discipline in workplace misconduct cases. Employment law experts suggest that employers should ensure clear communication about behavioural standards and provide warnings before resorting to dismissal for conduct that falls short of gross misconduct.
This ruling comes at a time when employment tribunals are seeing increasing numbers of unfair dismissal claims. Earlier this year, social media creator Anita Briggs won £22,210 after successfully challenging her dismissal from the National Museums of Scotland, where the tribunal found she had not received adequate warning about performance issues.
Michael Jackson’s distinctive vocal stylings, including his famous “hee-hee” exclamations, became synonymous with hits like “Bad” and “Smooth Criminal” throughout his career. The sounds, described by music journalists as part of his signature style alongside grunts, squeals and other vocalisations, served as percussive elements in his dance-heavy tracks.
The Co-operative Group, one of Britain’s largest retail chains, has not commented publicly on the tribunal’s decision. However, the case serves as a reminder to employers about the importance of following proper disciplinary procedures and ensuring that dismissals are proportionate to the misconduct alleged.
For Zawadzki, whilst the tribunal victory provides financial compensation, the experience serves as a costly lesson about workplace behaviour and the potential consequences of conduct that colleagues may find offensive, even if unintentionally so.
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