Hungarian worker who showed ‘swastika’ tattoo at work unfairly dismissed
A supermarket employee who was fired after showing a ‘swastika’ tattoo to a colleague has won an unfair dismissal claim against his former employer.
Istvan Horvarth, originally from Hungary, had been a caretaker at Lidl’s Telford Hadley store since 2013. Horvarth was fired from his job after showing a co-worker a swastika tattoo on his upper arm, claiming it was a ‘Buddhist peace symbol’.
The co-worker, identified only as MB, immediately reported the incident to his boss, store manager Craig Taylor. Taylor immediately summoned Horvarth to a meeting where the tattoo was found to be rotated at 45-degrees so that it reassembled the swastika, not the Buddhist peace symbol Horvarth claimed.
Horvarth, who was also accused of kicking a fellow employee, was then brought before a disciplinary hearing chaired by Lidl Area Manager Andrew Shaw. During this meeting, it was determined that the presence of the symbol contravened Lidl’s uniform policy and that his behaviour was massively inappropriate. The decision was then made to relieve Horvarth from his position with immediate effect.
Despite the evidence against him, Horvarth appealed the sacking and an unfair dismissal case was brought before the Birmingham employment tribunal. After hearing from both parties, Judge Ian Miller ruled in Horvarth’s favour. Noting that he should NOT have been sacked and a warning about the company’s uniform policy should have been issued instead.
Nalders Solicitors’ dedicated team of employment law specialists in Cornwall are available for advice about structuring commercial arrangements and/or employment contracts for businesses. We can also help resolve employment disputes including unfair dismissal, discrimination, pay bonus and reward and whistleblowing.
Contact Dale Band, Gayle McDermott, Lee Middleton or Luke Smith to discuss your case further on 01872 241414.