Worker sues Xactly after ‘being called fat ginger pikey’

It also heard than during his second week on the job, former Vice President Tom Castley  (pictured) allegedly said about Mr Evans that ‘I’d rather f*** him than fight him’

A top US technology company is being sued by one of its former employees after bosses and colleagues allegedly called him a dwarf and a ‘fat ginger pikey’.

Sales representative David Evans said he was labelled a ‘salad dodger’ by top managers during his time with Xactly, a firm which employs 450 people worldwide and has a turnover of $100m.

A tribunal at the Central London Employment Tribunal Centre heard that he was called a ‘fat Yoda’, a ‘jellied eel salesman’, referred to as ‘wonky eye’ and also likened to Gimli – a dwarf from Lord of the Rings.

It also heard than during his second week on the job, former Vice President Tom Castley allegedly said ‘I’d rather f*** him than fight him’ about Mr Evans.

Castley is also alleged to have described him as a ‘second hand car salesman’. 

Mr Evans, 34, from South West London, began working at the firm in January last year and described the culture at the company as ‘one of beer drinking, infighting, strip clubs and gambling’.

He added that former sales manager Kevin Henderson labelled him a salad dodger at a lunch in March last year and then a ‘fat ginger pikey’ in April. 

Patrick Morton a former sales executive and current director, is said to have called him a ‘Fat Yoda’ in May 2016 when sat next to Mr Evans’s desk.

Mr Evans is alleged to have been called ‘Gimli’ on numerous occasions by Mr Morton and Mr Henderson – including sharing a picture of the dwarf on the company chat system in March 15, 2016. 

Mr Castley is alleged to have walked over to Mr Evans’ desk and put on a ‘cockney accent’ and said ‘alright barrow boy’ in February 2016. 

Mr Evans is now claiming race and disability discrimination by his former bosses, due to his diabetes and under-active thyroid, which caused weight gain.

Xactly claims Mr Evans was sacked for his ‘poor performance’ in December 16 last year, but a sales rep said he was one of the top performing staff.

Mr Castley boasts that salesman ‘will earn $1m’ on a YouTube video, although a tribunal heard that most made zero sales by December and regularly missed targets.

David Evans was a top salesman at Xactly but is now taking his former employers to a tribunal in Central London

David Evans was a top salesman at Xactly but is now taking his former employers to a tribunal in Central London

Mr Evans said: ‘During my second week with Xactly was where the odd behaviour started.

‘We were entering the lift on the seventh floor when Tom looked to Matt and said with regards to me ‘I’d rather f*** him, than fight him’.

‘This was bizarre at best but I can only put it down to the fact that I have an accent that sounds London and broad shoulders as I would never talk about fighting to anybody.

‘The fact that this was on Tom’s mind made me feel uncomfortable and brought me to question the professionality of Xactly.’ 

Mr Evans said two colleagues began to fight during an after work drinking session, which he said was one of the ‘most bizarre work experience I’ve ever had’ 

At first I thought this was a joke

He added: ‘My friend and I both arrived back to the table at the same time only to see Patrick holding Noel down on the sofa and Noel screaming and shouting what he was going to do to Patrick.

‘At first I thought this was a joke as it was ridiculous to see a 60-year-old man and a 30-year-old man, both of whom work together, in the Soho Hotel, starting a fight and seeing handbags at dawn.’

Some colleagues said he had ‘gone too far’ by calling him a fat ginger pikey, according to the claimant and that Tom had it in for him after Mr Evans complained about the racial insult.

Mr Evans added: ‘Over the coming weeks Tom’s behaviour to me continued to change.

‘He was short with me and made me feel like an outsider, and the fact I had said something to him put a target on my back as he became rude and aggressive towards me.’

Global Vice President of HR, Leanne Bernhardt, leaves Central London employment tribunal court after giving evidence after sales representative David Evans claims he was called 'fatYoda' and a host of other insults

Global Vice President of HR, Leanne Bernhardt, leaves Central London employment tribunal court after giving evidence after sales representative David Evans claims he was called ‘fatYoda’ and a host of other insults

Mr Evans is now claiming race and disability discrimination by his former bosses, due to his diabetes and under-active thyroid, which caused weight gain

Mr Evans is now claiming race and disability discrimination by his former bosses, due to his diabetes and under-active thyroid, which caused weight gain

Mr Evans said he was sacked shortly after a disciplinary meeting in November 2016. 

He said: ‘I was the only member of the enterprise team who had a chance of hitting my target for the year.

‘This was clearly a personal move to exit me from the business. It is clear from Tom’s language in his emails that he wanted me out quick.

‘Xactly fired me for “expressing and interest in leaving”, never for poor performance.’

The tribunal continues.  



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