A barman who claimed he was “publicly belittled” by his boss has won €10,000 in compensation following a ruling that a remark made to a customer violated his dignity at work as a 55-year-old with diabetes.
The Workplace Relations Commission (WRC) was told that that during a busy bar shift in February 2025, a company director told a customer waiting for a drink at the Hunted Hog bar in Castlemartyr, Co Cork: “Ah never mind him, he doesn’t be with it half the time.”
Sean Murphy, a part-time barman, said it was “humiliating” to be subject to a “disparaging remark” by his boss, Barry Hennessy, when he had been on the job for five hours that day without a break.
In his evidence, Mr Hennessy said the interaction with the customer was “in the context of a busy service period” and was made in a “jovial, lighter manner” in an effort to manage the customer’s expectations.
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The WRC concluded the remark was discriminatory harassment on age and disability grounds in breach of the Employment Equality Act 1998, upholding a complaint by Mr Murphy against operating company Barcol Hospitality Ltd.
Mr Murphy said he had been working part-time at the Hunted Hog since September 2024 with a group of colleagues who were all “considerably younger and healthier” then he was, other than a bar manager.
During his shift on Friday 21 February 2025, Mr Murphy said he had been at work for “over five hours without a break” serving customers, clearing tables, and taking payments, when he heard Mr Hennessy make the remark.
Mr Murphy said it was “humiliating and damaging to his dignity” to hear the remark being made “openly” in the restaurant.
He said he was “physically strained” because of the demands of the work without a break. His evidence was that his condition required “careful management” and “stable working conditions”.
There was a “lack of regard” for his condition at work generally, he said, causing him “significant stress” and impacting his health, he told the WRC. He gave evidence that he was required to take certified medical leave starting in March 2025 as a result.
The comment by Mr Hennessy in particular, and the broader working conditions more generally, amounted to discrimination on age and disability grounds, he alleged.
In evidence to a hearing in Cork City in March, Mr Hennessy said the interaction with the customer was “in the context of a busy service period” and “involved an exchange with a customer who was waiting for a drink”.
He said it was made in a “jovial, lighter manner” and intended to manage the customer’s expectations in a busy environment.
Mr Hennessy’s evidence was: “Any remark, if made, was taken out of context by the Complainant and did not reflect any assessment of his competence or state,” the decision recorded.
“There was no intention to undermine or belittle [Mr Murphy],” he told the hearing. “The interaction must be viewed in light of the fast-paced and informal nature of bar service,” he added.
Kelvin Hyland of Peninsula Business Services Ireland, for the firm, said the facts were disputed. “Even if the comment was made to a customer, it would not reach the legal standard required for harassment,” Mr Hyland submitted.
In his decision, adjudicator Thomas O’Driscoll wrote Mr Murphy had given a “clear and consistent account” of the incident, while Mr Hennessy gave “no categorical denial” of the complainant’s account.
In his complaint, Mr Murphy set out that he was “publicly belittled by a manager in front of a customer”, the adjudicator noted.
“I am satisfied that this remark ... would be interpreted by any reasonable person as relating to age or ailment, or both,” he wrote.
“[Mr Murphy] described the incident as damaging to his dignity and confidence at work, and I am satisfied that this reaction was both genuine and reasonable in the circumstances,” Mr O’Driscoll added.
He ordered the employer to pay Mr Murphy €10,000 “for the effects of the harassment”.
He also made a compliance order directing that “all managerial staff complete appropriate equality and disability-awareness training within six months”.
