A bookkeeper whose boss repeatedly shouted “potato” at her in a mock Irish accent has been awarded more than £23,000 after an employment tribunal ruled she was racially harassed at work.
Over a six-month period from late 2023, Bernadette Hayes, then 55, had faced harassment over her race while working at a civil engineering company in Leeds, the tribunal heard.
Mick Atkins, the company director, would repeatedly shout “potato” at Hayes during conversations or when she entered the office.
Hayes said she felt she was suffering “death by a thousand cuts” by the name-calling at West Leeds Civil, a building and civil engineering company, where she had worked since September 2021.
Hayes claimed that from December 2023 to June 2024, Atkins had also used language like “paddy”, “stupid paddy” and “pikey” to denigrate her heritage.
She repeatedly told her boss she did not find the comments funny.
On one occasion, she played along with the joke by sending a potato emoji in a text message to “fit in” and “make it seem OK”.
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Hayes said Atkins had made occasional comments about her being Irish but the harassment escalated after another colleague, Marcus Smith, started working in the communications department.
She said she complained to Atkins about Smith’s behaviour and “bullish personality”.
“If we had a disagreement, he would shout ‘potato’ in a strong Irish accent over and over again,” Hayes told the tribunal.
“He [has] done this in front of other members of staff. He would shout ‘potato’ as soon as he walked in the office without having me even spoke [sic] to him.”
Hayes said the behaviour of her colleagues, which also included calling her a “gypsy” because of her Irish heritage, “totally eroded my self-respect and self-esteem”.
“It made me feel small, insecure, violated and extremely anxious. It also made me feel embarrassed,” she said.
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During this period, she felt physically sick about going into work and “dreaded” the pair mocking her, although she admitted that Smith was the main problem.
She said she would start making calls and checking emails as soon as she got into work to avoid conversation and would often sit in the car before starting her working day.
In July 2024 Hayes took sick leave from the firm, telling Atkins, “life is too short and I have been unhappy for some time, and it’s not fair on either of us for us to let that continue”.
Hayes was eventually sacked in August 2024 over allegations of fraud. She later brought claims of direct race discrimination, harassment and victimisation to the employment tribunal in Leeds.
Employment Judge Sophie Buckley allowed the claim of race harassment and victimisation in part, but dismissed the claim of race discrimination.
She awarded Hayes £23,526 compensation, including £13,000 in “injury to feelings” and £6,104 related to loss of earnings.
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The judge said it was clear that Hayes “hated” going into work at this time.
“Although I have accepted that [she] did ‘join in’ on a small number of occasions, most of the time she did not,” she said.
“I have accepted that this was an attempt to make light of the issue and to ‘fit in’. I have also accepted her evidence that the conduct was not, in fact, wanted.”
The judge said it was reasonable for anyone 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,” she said.
Atkins described the tribunal proceedings as “nonsense from start to finish”.