Exertis employees who taunted Sikh salesman 'dismissed'

John Cleary, 51, Stuart Smith, 45, and Glynn Smith, 41, were found by a tribunal to have bullied 36-year-old colleague Kieran Sidhu when they worked together at tech giant Exertis in Chineham.

British-born Mr Sidhu endured being branded an “Arab shoe bomber”, the “only ethnic on the team” and a “temperamental Syrian immigrant” who was “f***ing for ISIS”.

Two of the men were still working at the company as late as this Monday. 

However, The Gazette has now been told the individuals have left the business.

Exertis would not clarify when and whether they were sacked or if they resigned. 

The tribunal found that the sales team would sing to the tune of football chant Que Sera Sera: ‘Sidhu, Sidhu, he works at O2. Sidhu, Sidhu, he’s an Arab too and he’s got a bomb in his shoe.’

They falsely accused account manager Mr Sidhu of being gay and repeatedly taped McDonald’s adverts and a spoof ‘gigolo’ business card to his computer screen, saying that was what he would be doing after getting fired

The panel at Southampton employment tribunal ruled that the trio racially harassed Mr Sidhu, who is now seeking a record payout of £6.6 million from tech firm Exertis.

After the judgment, Exertis said that it took "appropriate disciplinary action".

But it emerged that two of the culprits remained at the firm until this week and one was even promoted – despite HR advice that there were grounds to sack all three.

The panel noted that HR manager Sue Stratton concluded that there were “grounds for disciplinary action with the probability of dismissal to be taken against John Cleary, Stuart Smith, and Glynn Smith”.

Stuart Smith’s LinkedIn profile showed he was still at the firm this week and was promoted to the position of Amazon and Online Accounts Director in 2020 – three years after Mr Sidhu quit in May 2017.

Stuart Smith has been at Exertis for over 21 years while Senior Amazon Account Manager Mr Cleary is now approaching his 24th year of service.

Calls were being put through to both men this week at their Basingstoke office.

However, following the widespread attention the tribunal has gained this week, the company has now insisted the employees no longer work there. 

It is thought that the employees must have been dismissed in the last five days. 

Glynn Smith is believed to have left the firm of his own accord to start up a property firm in March 2018.

Exertis declined repeated requests this week to explain why the men had remained at the firm after the complaint was lodged four years ago. 

It continued to insist it took “appropriate disciplinary action” after a “thorough internal investigation” when Mr Sidhu quit his job suffering from extreme depression and anxiety.

In its most recent statement, a spokesman said: "The employment tribunal decision relates to Exertis and a breach of the Equality Act 2010 within a specific area of the business.

"The complaint was made four years ago, a full internal investigation took place resulting in disciplinary action. We fully respect the tribunal’s decision and take the findings extremely seriously.

"This was a unique case across a business of more than 1,800 employees. However, it was clear that certain behaviours fell significantly below the standards we expect. Our response and ongoing commitments to invest heavily in increasing awareness in relation to diversity will ensure that this should never happen again.”

Mr Sidhu, who is of Scottish and Indian descent and joined the firm in 2012, won his claims of race discrimination, racial harassment and constructive dismissal against Exertis.

In a scathing judgment, the tribunal found enquiries made by Exertis to be “inadequate” and "deficient" and outlined “flaws” in its internal probe.

It noted that the “discriminators were permitted to collude and close ranks”.

And it ruled: “We consider that the investigation was deficient in that it limited the people who were asked about allegations, largely, to those against whom allegations were made.

“In respect of some of the allegations, such as the song about Mr Sidhu being a shoe bomber and the statement “f*** your mum”, if, as the claimant says, those statements and songs had been made audibly and more than once, it is entirely possible that other people, such as those in the sales administration team, would have heard them.”

After assessing Mr Sidhu, psychiatrist Dr Jonathan Ornstein concluded he has a “very low chance of recovery” and is “unlikely to be able to work again” after suffering lasting psychological damage.

In a statement, Exertis, which is owned by Dublin-based firm DCC plc, said Mr Sidhu's experience was a “unique case across a business of more than 1,800 employees.”

It added: “On this occasion it was clear that certain behaviours within a part of our business fell short of the standards we expect.”