An Irish woman whose manager repeatedly shouted abuse at her “in a strong Irish accent” has been awarded more than £23,000 after an employment tribunal concluded she had been racially harassed, reports RTE.
Bernadette Hayes said she endured what she described as “a death by 1,000 cuts” between December 2023 and June 2024 while working as a bookkeeper for engineering company West Leeds Civils, reports RTE.
The tribunal heard that the company’s director Mick Atkins used expressions such as “potato”, “paddy” and “stupid paddy” when addressing her.
A judge found that the “offensive and humiliating” language was “overtly linked to race” before awarding Ms Hayes £20,735.91 and directing the company to pay four weeks’ wages, totalling £2,800, reports RTE.
Explaining her claim, Ms Hayes said: “Throughout my time at West Leeds Civils, Mr Atkins did make occasional comments about me being Irish. Most in gest (sic), and whilst I knew it was wrong, I tried to accept it as humour.”
However, she said the situation worsened after Mr Atkins’ friend Marcus Smith became involved in the business, reports RTE.
Ms Hayes, who was 55 at the time, continued: “If we had a disagreement, he would shout ‘potato’ in a strong Irish accent over and over again. He done this in front of other members of staff. He would shout ‘potato’ as soon as he walked in the office without having me having even spoke to him.
“This totally eroded my self-respect and my self-esteem. It made me feel small, insecure, violated and extremely anxious. It also made me feel embarrassed.
“I had a huge change in my personal circumstances and I needed my job. I felt trapped and this added to my anxiety. I used to remain quiet so as not to draw attention to myself but even this did not work.
“He even sent potato in a WhatsApp exchange.
“Mr Atkins further called me a gypsy/traveller due to my Irish heritage. He would constantly say that I was lusting after the travellers outside the office. I felt bullied and harassed by this,” reports RTE.
Employment Judge Buckley said Ms Hayes had told Mr Atkins “on a number of occasions” that she did not find the comments amusing.
The judge accepted that Ms Hayes had “joined in” on two occasions by using the word potato or a potato emoji in messages, but said this was done in an attempt to “fit in” and make the situation appear acceptable, reports RTE.
The bookkeeper went on sick leave in July 2024 and sent a message to Mr Atkins saying: “I do want to leave, I am sorry.
“Life is too short and I have been unhappy for some time, and it’s not fair on either of us to let that continue,” reports RTE.
She later submitted a grievance about Mr Smith’s conduct, which she described to the tribunal as “bullish”, before lodging a further complaint of indirect harassment connected to a protected characteristic.
In a written grievance she stated: “The last six months at this job has made me feel like I have suffered a death by 1,000 cuts.
“Due to working in a hostile and toxic environment my GP signed me off work with work-related stress on 29th July 2024. This is after months of harassment and bullying.
“I passionately believe that this was caused by the actions of Mr Atkins (and) Mr Smith,” reports RTE.
Ms Hayes was subsequently dismissed from the company.
Judge Buckley said in the judgment: “I have accepted the impact that this conduct had on the claimant. From a subjective point of view, it clearly created a hostile, humiliating and offensive environment for her. In my view, taken as a whole, it is reasonable for an individual of Irish heritage to find the repeated use of the terms ‘potato’, ‘paddy’, ‘stupid paddy’ and ‘pikey’ offensive and humiliating. These phrases are overtly linked to race, particularly when considered together rather than in isolation. On that basis I find that the conduct was linked to race. On that basis the harassment claim succeeds,” reports RTE.
Mr Atkins told the Daily Mail that the case was “nonsense from start to finish”, reports RTE.
Tell us your thoughts in the Facebook post and share this with your friends.
