The Morrisons team leader, who had pulled down the hijab of a colleague has been dismissed. She claimed she was just having a laugh.
Natalie McGonigle pulled the hijab of a Muslim colleague down without her consent, on two separate occasions in acts that were disrespectful to her faith.
Mrs McGonigle was the ex-team leader. She had previously worked at Morrisons four years. At that time she was in Chelmsford (Essex) and insisted she meant no malice or offense.
Following a Morrisons investigation into her misconduct, McGonigle was fired for gross misconduct. She appealed against this decision later.
A tribunal of employment has ruled that Morrisons was entitled to fire Mrs McGonigle because she behaved badly and had a misconceived belief that her actions were not joking.
In February, Chelmsford Store Managers received complaints that Mrs McGonigle had twice taken down the hijab of her co-worker without her permission.
Named only “S”, the victim complained that McGonigle was ignoring her faith.
Natalie McGonigle pulled down her Muslim colleague’s hijab without her consent on ‘two separate occasions’ in acts which were deemed ‘disrespectful’ towards the colleague’s religion (stock image)
Six days after Mrs McGonigle’s complaint, McGonigle was terminated from her job and a disciplinary inquiry was initiated.
Other workers witnessed her take the headscarf off on both occasions, according to the tribunal.
McGonigle denied the second, but she did admit to it.
The woman continued by insisting that she was only having a great time, and not intending to be offensive or malice.
Other workers witnessed her pulling the headscarf off on both occasions, according to the tribunal (stock photo).
McGonigle added that they were friends through Facebook and included photos showing her colleague not wearing her hijab, to prove it.
Managers denied her claims and stated that they didn’t believe it was possible to pull down the headscarf of a coworker in haste.
Later in February, Mrs McGonigle was fired for gross misconduct.
The appeal she later filed was for more attention to her “poor mental state” during the investigations. This appeal was unsuccessful.
Manjit Hallen, Employment Judge, stated to the tribunal that Mrs McGonigle believed her actions were not a violation of the law.
Managers denied her claims and stated that they don’t think it is possible for a colleague to take off a headcarf in jest.
He stated that the Tribunal was certain in concluding Mrs McGonigle’s misconduct as the true reason.
The heart of the matter appeared to revolve around Mrs McGonigle’s mistaken belief that S’s hair was being pulled down in jest.
‘Given [she]As a team leader, I was in an authoritative position. [Morrisons] and should have been fully conversant with the Respect in the Workplace Policy, the Tribunal could not see how [Mrs McGonigle]This conclusion could be reasonably reached.
Tribunal dismissed the claim by Mrs McGonigle of unfair dismissal.
Additional claims for breach of contract/unlawful deduction of wages, centered on the ‘Covid Bonus’ that she believed she had after she was fired, were also rejected.