Prison guard harassed over family links to the IRA wins racism case

Telegraph

5 days ago

A Northern Irish prison officer won a race and religious discrimination case after his boss harassed him over familial links to the IRA.
Sean Gough, who worked as a senior guard at HMP Bedford, was sent 'inflammatory' texts by Governor Adam Megicks about his ties to the terrorist organisation, a tribunal heard.
The employment tribunal in Reading also ruled he was unfairly dismissed over an incident with a prisoner in which the guard had to use force.
Mr Gough joined HMP Bedford in 2016, with Gov Megicks being Head of Residence at the time, with the tribunal being told there was 'friction' between the pair which 'stemmed from Mr Gough's Northern Irish background and familial links to the IRA' as his uncle was a member.
Mr Gough said he became 'the subject of bullying of a racial, religious and cultural nature '.
He added that Gov Megicks 'was extremely interested in British military and loved to ask questions and talk about it. He was fascinated by my family's background.'
Culturally 'humiliated'
It was heard that in the Spring of 2021, Gov Megicks sent a 'racist and inflammatory' video to Mr Gough 'linking him to the IRA'.
The video contained footage showing Mr Gough's uncle being shot and killed during the Troubles.
In his grievance, Mr Gough also said he had been 'humiliated' by Gov Megicks at a formal probation interview in December 2020.
The tribunal heard: 'I was humiliated for my culture, language and race when asked by Governor Megicks to say motorcycle helmet in an Irish accent during the interview.'
Gross misconduct investigation
In July 2021, it was heard Mr McGough had to use force to grab hold of a prisoner, an incident that led to him being sacked.
Bosses at HMP Bedford subjected him to gross misconduct proceedings, claiming he 'rugby tackled' a prisoner when he tried to climb up onto some netting after hearing him suggesting he was going to kill himself.
A few weeks before the incident the prisoner raised alarm as he had made a noose in his cell, and the day before the incident the inmate staged a protest at height.
Mr Gough raised his grievance while he was being investigated for gross misconduct but he was sacked in November 2021.
The tribunal found that the sacking was too harsh and that Mr Gough had a 'genuine concern' for the prisoner's safety.
It was also found that Gov Megicks harassed him by encouraging him to resign during the investigation and previously harassed him by not giving him a promotion.
Employment Judge Naomi Shastri-Hurst said: 'Given the subject matter of the video, namely [his] uncle who was in the IRA, we are satisfied that the sending of the message is related to race and religion, that being Northern Irish Catholicism.
'To be sent a video of one's uncle being shot would inevitably and objectively create a hostile and offensive environment.
It is thought that compensation will be determined at a later date.