A FORMER council youth worker was a victim of race discrimination by his boss, the Court of Appeal has ruled.
But Caribbean-born Trevor Orr still lost his case for unfair dismissal from his job.
The part-time employee was sacked by Milton Keynes Council for gross misconduct in 2005.
He had discussed a sex assault allegation with a group of young people against the specific instructions of his manager, Peter Madden.
Three days later, during a confrontation with Mr Madden, Mr Orr “lost his temper and behaved in an offensive and insubordinate manner”, Lord Justice Moore-Bick told the Court of Appeal.
But the top judge added: “Mr Madden himself was not entirely blameless.”
Mr Orr, who appealed after losing his case at an employment tribunal, had slipped into a Jamaican Patois during the row with his boss.
Mr Madden told him: “You lot are always mumbling on and I cannot understand a word you lot are saying,” the court heard.
The judge agreed he had also tried “by devious means” to engineer a reduction in Mr Orr’s working hours.
Milton Keynes Council admitted Mr Madden’s Patois comment amounted to direct unlawful discrimination against Mr Orr.
A council spokesman this week refused to comment on whether there had been any disciplinary action against Mr Madden,
It is believed he no longer works for the youth service, although the council was unable to confirm this for certain.
Mr Orr’s appeal, heard by three judges, was dismissed by a majority of two to one.
Lord Justice Sedley admitted he wanted to allow the appeal and send the case back to employment tribunal.
He described Mr Madden’s comment as “an elephant in the room.”
But the judge was outvoted by Lord Justice Aikens and Lord Justice Moore-Bick.
The latter told the court: “The discriminatory act on which Mr Orr seeks to rely had no effect on the outcome of the whole affair.”