Lewd secret Santa gift left abattoir worker in tears
Barry Cochrane was reduced to tears and felt he had no option but to resign after his colleague was given a mug that revealed a crude message about 'teabagging' when filled with hot liquid.
Mr Cochrane had not been at the meeting when the presents were exchanged, but took offence when he felt jokes were made at his expense when 'sexual content' was being discussed.
After being added to a work group chat, he scrolled up to find a colleague had said she was 'thankful' he had not seen the mug.
Mr Cochrane said he felt 'humiliated' and tried to sue his employer for unfair dismissal and sexual harassment.
A judge dismissed his claims in their entirety, finding Mr Cochrane's reaction to be 'disproportionate' and ' confected with litigation in mind '.
The tribunal, held in Aberdeen, was told Mr Cochrane started working for Neerock, a Morrisons-owned meat-processing company, as a health and safety specialist on Dec 11 2023.
Mr Cochrane was initially invited to the meeting where gifts were exchanged on Dec 12, but his invitation had been withdrawn because of a delay in his start date.
'Singled out'
David Orton, a senior health and safety manager at Morrisons, received the gift and 'suspected that there may be something on the mug which might not be appropriate to show in a work meeting'.
Mr Orton unwrapped the gift at home to find a blank mug which, when filled with hot fluid, revealed a picture of a pair of testicles wrapped in a bow-tie with the phrase 'I love teabagging' underneath.
He took a picture of the mug and sent it to a team group chat, adding: 'I think I need to have a word with Santa.'
Various employees reacted to the messages with laughing emojis, before Sally Smith, head of health and safety for Morrisons, wrote: 'Just checked and thankfully Barry isn't on here yet is he!'
Mr Orton commented 'not yet!' and minutes later Ms Smith added Mr Cochrane to the group chat but was unaware he would be able to read earlier messages.
On Dec 20, Mr Cochrane saw the messages and cried at work, before packing up his belongings and leaving the office.
He told Mr Orton among other issues he was leaving 'because he had been singled out on the group chat'.
'No option but to resign'
When Mr Cochrane returned home, he sent an email titled 'resignation due to being named in sexual content', in which he said he had felt 'humiliated'.
He added: 'The job is tough enough and there is lots to do but I would have got to that in time, but after seeing this sexual content and naming me (and only me) I have no option but to resign.'
Mr Orton later said he regretted sending the picture, adding that it was 'meant in the spirit of a laugh'.
Ms Smith said that she made the comment because she thought 'oh what will Barry think of us' having not been in the meeting or understanding the context of the message.
Employment Judge Murdo Macleod said the pair's explanation for their comments was 'entirely credible'.
He added: 'We consider that [Mr Cochrane's] reaction was disproportionate, given that he was not involved in the exchange and that it was plainly not directed at him at that time it was posted.
'His outrage at his name being mentioned on the thread is confected, with this litigation in mind.'
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