Former Dyson employee Paul Blake has been awarded £5,000 after winning a claim for racial discrimination against the vacuum cleaner manufacturer.
But the 37-year-old lost a claim for unfair dismissal and a claim for discrimination on the grounds of disability.
Mr Blake, who was born and raised in Chippenham after his parents settled in the UK from Jamaica in the 1960s, took his former employer to the industrial tribunal in Bristol last week in protest at his sacking last May.
His was dismissed for gross misconduct from his job as quality auditor at Dyson's Malmesbury factory following an argument with a colleague over a fan that had been knocked over.
In outlining his case for racial discrimination, Mr Blake told the three-day hearing that he objected to a reference made by a colleague to 'foreign bodies', which he felt was racist, a comment about 'wogs and Pakis' that was relayed to him, and British National Party posters in the factory.
He also claimed he had been discriminated against on grounds of disability because he suffered from migraines and had to take time off sick, or away from his work station.
The tribunal agreed that he had been discriminated against because of his race and awarded him £5,000, but his claims of unfair dismissal and discrimination because of his disability were not upheld.
Mr Blake claimed that in July 2000 he had been subject to racial discrimination during a course on material handling he attended. During the course, staff were asked what could cause contamination in plastic components.
Mr Blake claimed that his colleague Steve Boardman leaned forward and said 'foreign bodies', a comment he felt was racist.
Mr Boardman was approached by Mr Blake's manager Nicola McGrath and asked about the incident. She told the tribunal that Mr Boardman had been shocked by the suggestion that it had been racist.
Mr Blake added that another colleague told him at a later date that Mr Boardman had returned from working near Birmingham and referred to the workers there as 'wogs and Pakis' as well as using a four letter word about them.
Representing Dyson, Jason Smith asked how Mr Blake could take offence to comments that were not made in his presence.
"You are naive if you think that if someone says wogs and Pakis in private it's not directed at you," said Mr Blake.
A third racist incident that Mr Blake highlighted was the presence of British National Party posters on the notice board and scattered around the factory.
However, Mr Smith defended Dyson saying that management had made it clear to all staff that this type of material would not be tolerated by the company.
Mr Blake argued that to dismiss him for last May's argument over the fan was unfair and it should have been treated as simple misconduct.
Dyson dismissed him for gross misconduct following the incident, which resulted in his colleague's shirt being torn.
Mr Blake told the tribunal that he had argued with the colleague and had gone outside the building the settle the matter verbally.
His colleague pushed past him to go back into the factory, but Mr Blake said he did not feel the matter had been resolved and he had grabbed his colleague to finish the conversation, and this had resulted in the shirt being ripped.
Mr Blake felt that to call this gross misconduct was unjustified and that a similar incident, where another employee had grabbed a colleague round the neck, had been dealt with differently, because this man had been sent home.
Dyson refuted Mr Blake's claim, saying there had been no evidence of a fight taking place in the earlier case.
A spokesman for Dyson said that this was the first race discrimination tribunal that the company had been involved in and pointed out that the tribunal had found Mr Blake's dismissal to be warranted.
She added: "The tribunal found against Dyson on an allegation of race discrimination. Dyson believe this decision is unsound. Dyson are deciding whether to appeal on this decision."
Mr Blake, who started at Dyson in July 1999 and lives with his girlfriend, said after the case that he has probably suffered discrimination all his life. He said it was only as he has got older that he had become aware his rights were being infringed.
He said he had hoped to clear his name because the dismissal for gross misconduct on his record is making it hard for him to find a job.
"I have been left feeling a bit lost and a bit cut out of the job market," he said.
"There are things like the loss of confidence that they cannot repay me for.
"I think that anybody who looks at my case would have to agree there's a lot more than dust that needs to be cleaned up."
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