• Kenny Clarke was targeted by co-workers while working at GXO Logistics Drinks

A black delivery driver has won an unfair dismissal race claim after colleagues posted Klu Klux Klan pictures in a work WhatsApp chat and bosses ‘colluded in his ostracisation’. 

Kenny Clarke was targeted by co-workers while working at GXO Logistics Drinks as a driver and unloader, and when he moved to the depot in Preston, Lancashire. 

One post in the ‘banter’ filled WhatsApp chat featured a video of a child trying to say ‘blackcurrant’, but instead saying something ‘offensive’, an employment tribunal heard. 

Mr Clarke’s bosses made a rota to allocate when people would work with him in ‘Kenny time’, and asked ‘what else am I going to do with you?’ when he complained.

Having been told to ‘stop playing the race card’ Mr Clarke was sacked for being caught on his phone while looking at it for satnav directions.

Now he is in line for compensation after winning claims of race related unfair dismissal and harassment in the ‘hostile’ work environment, after a judge ruled bosses ‘colluded in his ostracisation’.

His claim of unfair dismissal due to race succeeded.

The tribunal found that for two years Mr Clarke was ‘isolated and ridiculed’ by people who were not prepared to work with him.

‘The Preston depot at the relevant time was a depot where the management and the union colluded in making the working environment difficult for Mr Clarke,’ Employment Judge Kate Ross said. 

‘There was a long history of the workforce treating Mr Clarke in an unpleasant way and refusing to work with him and the management colluding with that situation.’

Mr Clarke also won claims of normal unfair dismissal and of race related harassment.

A remedy hearing to determine compensation will take place at a later date.

The tribunal heard Mr Clarke started work at GXO Logistics Drinks as a driver and unloader in July 2013, before moving to a permanent contract in the Preston, Lancashire depot later that year.

In October 2014 colleagues at the Manchester depot ‘refused to work’ with Mr Clarke after he agreed to a shift during a union dispute, resulting in an ‘unpleasant’ scenario and a petition forming.

The tribunal ruled management ‘allowed’ workers to sign ‘The Kenny Clarke issue’, stating they would refuse to work with him if he were brought back to the Manchester depot ‘to work in any capacity’.

The tribunal, held in Manchester, heard this continued in Preston, where out of 20 workers in the depot 16 refused to work with him.

In May 2015, an ‘offensive’ video was posted on a Facebook page of a child ‘being encouraged to say the word blackcurrant’, but it sounded like something deeply offensive.

The panel also heard a rota was made by boss Jim Meiring, despite ‘no clear reason’ being given as to why the other men would not work with Mr Clarke, other than ‘generalised allegations that he was unsafe’.

Mr Clarke was then ‘stood down from driving’ from September 2015 until he was permitted to resume driving in February 2018, the panel heard.

Within the WhatsApp group chat for drivers, the tribunal saw an image said to resemble Mr Clarke when he was older, in the year 2034, being ‘mocked about his driving’, with lorries in ‘awkward positions’ captioned: ‘FFS Kenny.’ 

There was also a picture of Klu Klux Klan members – said to be ‘a union meeting at the Preston depot’.

The panel found colleagues would make fun of who was on ‘Kenny time’ while on shift and he was accused by one of ‘playing the race card’.

When Mr Clarke asked Mr Meiring about the rota he said: ‘What else am I supposed to do with you?’

By 2019 Mr Clarke wanted to leave the Preston depot for a ‘fresh start’ but was denied a request to move to Manchester.

Mr Clarke raised a grievance because he felt he was being discriminated against after being disciplined for bumping a trailer in the yard, but it was rejected.

He appealed the decision and claimed he was being racially discriminated against because ‘other employees had been involved in driving accidents and not faced any action’.

In November 2019, he was allowed to return to driving but was not invited to the Christmas party.

In January 2020, Mr Clarke was hauled in front of bosses after a video was taken showing him on his phone while driving, which he said he was holding for directions.

He was suspended from work and in March 2020, he was dismissed.

The tribunal ruled it was ‘difficult to understand’ why co-workers refused to work with Mr Clarke.

Judge Ross said: ‘There was a long period where Mr Clarke was subjected to ridicule from other drivers, a refusal of other drivers in Preston to work with him underpinned by unkind remarks and offensive racist posts on social media.

‘That was behaviour of his work colleagues not the managers.

‘However, the management colluded in the ostracisation of Mr Clarke by organising a rota so he did not work with individuals who objected to him and also removed him from solo driving when another colleague objected.

‘The tribunal is not satisfied [GXO Logistics Drinks Limited] has shown the decision to dismiss Mr Clarke and the decision to reject the appeal was in no sense whatsoever based on the protected characteristic of race.’

• Kenny Clarke was targeted by co-workers while working at GXO Logistics Drinks

A black delivery driver has won an unfair dismissal race claim after colleagues posted Klu Klux Klan pictures in a work WhatsApp chat and bosses ‘colluded in his ostracisation’. 

Kenny Clarke was targeted by co-workers while working at GXO Logistics Drinks as a driver and unloader, and when he moved to the depot in Preston, Lancashire. 

One post in the ‘banter’ filled WhatsApp chat featured a video of a child trying to say ‘blackcurrant’, but instead saying something ‘offensive’, an employment tribunal heard. 

Mr Clarke’s bosses made a rota to allocate when people would work with him in ‘Kenny time’, and asked ‘what else am I going to do with you?’ when he complained.

Having been told to ‘stop playing the race card’ Mr Clarke was sacked for being caught on his phone while looking at it for satnav directions.

Now he is in line for compensation after winning claims of race related unfair dismissal and harassment in the ‘hostile’ work environment, after a judge ruled bosses ‘colluded in his ostracisation’.

His claim of unfair dismissal due to race succeeded.

The tribunal found that for two years Mr Clarke was ‘isolated and ridiculed’ by people who were not prepared to work with him.

‘The Preston depot at the relevant time was a depot where the management and the union colluded in making the working environment difficult for Mr Clarke,’ Employment Judge Kate Ross said. 

‘There was a long history of the workforce treating Mr Clarke in an unpleasant way and refusing to work with him and the management colluding with that situation.’

Mr Clarke also won claims of normal unfair dismissal and of race related harassment.

A remedy hearing to determine compensation will take place at a later date.

The tribunal heard Mr Clarke started work at GXO Logistics Drinks as a driver and unloader in July 2013, before moving to a permanent contract in the Preston, Lancashire depot later that year.

In October 2014 colleagues at the Manchester depot ‘refused to work’ with Mr Clarke after he agreed to a shift during a union dispute, resulting in an ‘unpleasant’ scenario and a petition forming.

The tribunal ruled management ‘allowed’ workers to sign ‘The Kenny Clarke issue’, stating they would refuse to work with him if he were brought back to the Manchester depot ‘to work in any capacity’.

The tribunal, held in Manchester, heard this continued in Preston, where out of 20 workers in the depot 16 refused to work with him.

In May 2015, an ‘offensive’ video was posted on a Facebook page of a child ‘being encouraged to say the word blackcurrant’, but it sounded like something deeply offensive.

The panel also heard a rota was made by boss Jim Meiring, despite ‘no clear reason’ being given as to why the other men would not work with Mr Clarke, other than ‘generalised allegations that he was unsafe’.

Mr Clarke was then ‘stood down from driving’ from September 2015 until he was permitted to resume driving in February 2018, the panel heard.

Within the WhatsApp group chat for drivers, the tribunal saw an image said to resemble Mr Clarke when he was older, in the year 2034, being ‘mocked about his driving’, with lorries in ‘awkward positions’ captioned: ‘FFS Kenny.’ 

There was also a picture of Klu Klux Klan members – said to be ‘a union meeting at the Preston depot’.

The panel found colleagues would make fun of who was on ‘Kenny time’ while on shift and he was accused by one of ‘playing the race card’.

When Mr Clarke asked Mr Meiring about the rota he said: ‘What else am I supposed to do with you?’

By 2019 Mr Clarke wanted to leave the Preston depot for a ‘fresh start’ but was denied a request to move to Manchester.

Mr Clarke raised a grievance because he felt he was being discriminated against after being disciplined for bumping a trailer in the yard, but it was rejected.

He appealed the decision and claimed he was being racially discriminated against because ‘other employees had been involved in driving accidents and not faced any action’.

In November 2019, he was allowed to return to driving but was not invited to the Christmas party.

In January 2020, Mr Clarke was hauled in front of bosses after a video was taken showing him on his phone while driving, which he said he was holding for directions.

He was suspended from work and in March 2020, he was dismissed.

The tribunal ruled it was ‘difficult to understand’ why co-workers refused to work with Mr Clarke.

Judge Ross said: ‘There was a long period where Mr Clarke was subjected to ridicule from other drivers, a refusal of other drivers in Preston to work with him underpinned by unkind remarks and offensive racist posts on social media.

‘That was behaviour of his work colleagues not the managers.

‘However, the management colluded in the ostracisation of Mr Clarke by organising a rota so he did not work with individuals who objected to him and also removed him from solo driving when another colleague objected.

‘The tribunal is not satisfied [GXO Logistics Drinks Limited] has shown the decision to dismiss Mr Clarke and the decision to reject the appeal was in no sense whatsoever based on the protected characteristic of race.’