A worker fired after giving his boss a Benny-Hill style slap on the head at a works night out to promote team building and bonding has won his unfair sacking claim and almost £2,000 compensation.

Derick Brown, 49, from Dundee, a team leader in the stores department of Tokheim UK, had been forewarned by customer services manager Robert Fraser not to give him a 'hard time' at the event.

A Dundee employment tribunal heard his employers, who supply fuel dispensing equipment, hosted a night out for workers and their partners in November 2005, providing each with a voucher to be exchanged for drinks at the bar and a half bottle of wine per person at the table.

Mr Brown exchanged his vouchers for three pints of beer and at the table drank a bottle of wine as other guests had not consumed their share. He also had two drinks before sitting down at the table and further drinks after the meal.

Mr Brown and some workmates were watching a boxing match on TV in the bar. One of the contestants was bald, and the tribunal noted in that respect may have looked similar to Mr Fraser.

The contestant looked like a character from a Benny Hill comedy sketch, during which Benny Hill pats or slaps a bald man on the head.

Mr Brown suggested that he would give Mr Fraser "a Benny Hill" and he was encouraged to do so. He then returned to the table where Mr Fraser was sitting with his wife and patted or slapped him on the head from behind.

Mr Fraser had been unaware of his presence until then and told him he would "see" him on Monday morning.

Head of sales Michael Piggot witnessed the incident and rushed to Mr Brown who was escorted out into the foyer of thee hotel. Angry words were exchanged and Mr Brown eventually left in a taxi.

Mr Piggot accepted he had drunk half a bottle of wine and three pints of lager. The tribunal accepted he had used words to the effect that Mr Brown was sacked or would be sacked.

The following Monday, Mr Brown wrote a statement saying "I remember giving Rab in my opinion a playful slap on the back of thee head and there was no malice involved or intent.

"I hoped it would be taken in good spirit as everybody was having a good time and a laugh. It was never my intention to cause any injury or disrespect to Rob Fraser and I apologise if this was taken in the wrong context."

Mr Brown admitted he was intoxicated and at his disciplinary hearing he said it was a drunken prank, not an assault, but accepted his behaviour was totally unacceptable.

The tribunal found Mr Brown of 103 Balbeggie Street, Dundee was 75 per cent to blame for his conduct. He was awarded a total of £1,887 compensation.