Sainsbury’s fired worker for questioning black toy
Woman unfairly dismissed in ‘racism’ mix-up over character
AMIDLAND woman who was sacked from Sainsbury’s after questioning whether a toy being sold at the store was racist has won an employment tribunal.
Marian Cunnington, 52, who had worked at Sainsbury’s for 28 years, was sacked after a comment she made while changing the prices of toys in her store.
Ms Cunnington told the tribunal that as she picked up a toy called Bing – a character from a BBC children’s cartoon – she asked: “Should we really be selling this toy? Black Lives Matter.”
Ms Cunnington was dismissed for gross misconduct when a colleague alleged the comment she made was racist.
But a tribunal has ruled she was dismissed unfairly and deserves compensation.
Ms Cunnington said: “I’m not a racist and I’m a really good worker. When I was summarily dismissed I was in disbelief.
“Complete shock...when you have worked for a company for that long, to have it all ripped away and leave under such circumstances.
“It was very hard but then I knew that I hadn’t said anything racist. Obviously I have made a lot of friends in my team and none of them believed I had done anything wrong.”
Ms Cunnington had previously won awards for her work at the Sainsbury’s store in Bridgnorth, Shropshire.
She was carrying out price changes on June 11 last year when she spotted the Bing toy, and gave evidence to the tribunal that she felt the toy could be offensive to black people, in the same way as the Robertson’s jam mascot.
The colleague who made the formal complaint claimed she heard Ms Cunnington say: “I’m offended Black Lives Matter?”.
Birmingham Employment Tribunal
was told Ms Cunnington was suspended from work that later the same day and later told bosses: “I was actually standing up for BLM.”
After she was sacked an appeal against the decision was turned down.
Employment Judge Richardson
said the Sainsbury’s operations manager who fired Ms Cunnington “could not explain what was offensive about the words ‘I’m offended Black Lives Matter’.”
The judge said the incident happened two weeks after George Floyd was killed in America.
He said: “It is all the more reason to take great care that proper procedures are followed thoroughly, objectively and fairly so that justice can be done.
“Given the size and resources of [Sainsbury’s], the fact that so many fundamental procedural errors were made is unacceptable... the process followed was a disservice to [Ms Cunnington] and also to [Sainsbury’s] cause to being an inclusive employer.
“In summary the decision to dismiss was not well-founded and is unfair.”
Ms Cunnington has now found work with Marks & Spencer.
She said: “It was literally a week after the BLM movement came out of the George Floyd murder. That’s why it was hypersensitive.
“These companies want to be seen to be doing the right thing but that was at my expense.”
Sainsbury’s had not responded to a request to comment as the went to press.