An Irish woman has been awarded over £23,000 after being racially harassed at work by her boss, including calling her a "potato".
This comes after a UK tribunal ruled that, Bernadette Hayes received a number of racial taunts while working for West Leeds Civils, an engineering firm based in Yorkshire. These allegations are based on comments he made over a six month period between December 2023 and June 2024. She was 55 years old at the time.
It was ruled by Ms Hayes who worked as a bookkeeper, received a number of taunts from Mick Atkins, the company director, who branded her a "Paddy" and a "Pikey", as well as accusing her of "lusting after the Travellers outside the office". She also claimed that he would even "shout potato in a strong Irish accent over and over again" if they had a disagreement.
Bernadette Hayes who was later dismissed from the company, said that these remarks left her feeling "small, insecure, violated and extremely anxious", adding that she was suffering "a death by 1,000 cuts".
It was said in the hearing that Ms Hayes had complained about Mr Smith's conduct, before filing a further complaint of indirect harassment regarding a protected characteristic.
"Due to working in a hostile and toxic environment my GP signed me off work with work-related stress on 29 July, 2024. This is after months of harassment and bullying", a document reading out this grievance read. "I passionately believe that this was caused by the actions of Mr Atkins (and) Mr Smith".
The tribunal which took place in Leeds, heard how Ms Hayes began working for West Leeds Civils in 2021 as an office and finance manager.
"If we had a disagreement, he would shout potato in a strong Irish accent over and over again", Ms Hayes told the hearing. "He [did] this in front of other members of staff. He would shout potato as soon as he walked in the office without me having even spoken to him. ‘This totally eroded my self-respect and my self-esteem".
The former employee went on to say that she was "embarrassed" by "volatile" boss Mr Atkins and his business partner, Marcus Smith over these comments, which included calling her a "potato" on WhatsApp.
She added that she did not ask him to stop due to fear that she would lose her job.
"I had a huge change in my personal circumstances, and I needed my job. I felt trapped, and this added to my anxiety", Ms Hayes said in a tribunal statement.
"I used to remain quiet so as not to draw attention to myself but even this did not work", she continued. "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".
The tribunal heard that Ms Hayes had also used the word "potato" and even sent the emoji of the vegetable to Mr Atkins.
But employment judge Sophie Buckley ruled that she had done so to "fit in" and "make it seem okay".
"The claimant told Mr Atkins on a number of occasions that she did not find his comments funny. I find that the claimant did not regularly use the term ‘potato’ to describe herself. I do not accept that these conversations were, in general, ‘back and forth’", she stated.
The judge also dismissed allegations of gross misconduct made against Ms Hayes, calling them "entirely baseless" and "triggered by the complaints made".
The ruling found in favour of Ms Hayes, who was the recipient of "unwanted conduct" which "clearly created a hostile, humiliating and offensive environment for her", according to the tribunal.
Judge Buckley added: "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".
Ms Hayes was awarded £23,526 (€27,160) in compensation.
Reacting to this, Ms Hayes said: "I’d just like to put everything behind me and move on".
Afterwards. Mr Atkins, who described it as "nonsense from start to finish", before accusing Ms Hayes of "crocodile tears".
"The potato was actually her joke, she’s from Northern Ireland. But I don’t want to say too much to get myself into any further trouble", Mr Atkins insisted. "The pikey [comment] was never said. It was all made up nonsense. Honestly, it’s been an absolute nightmare. It actually boils my blood".
