An Irish bookkeeper who was repeatedly called a ‘potato’ by her boss has won more than £23,500 (€27,160) after a UK tribunal ruled she was racially harassed at work.
Bernadette Hayes was subjected to a barrage of taunts over her heritage while working for engineering firm West Leeds Civils, an employment tribunal ruled.
Ms Hayes was also branded a ‘Paddy’ and a ‘pikey’ by company director Mick Atkins and said she was accused of ‘lusting after the Travellers outside the office’.
She said Mr Atkins’s remarks left her feeling ‘small, insecure, violated and extremely anxious’, adding that she came to dread going into work.
She described suffering ‘a death by 1,000 cuts’.
Ms Hayes, who lives in Yorkshire, told the hearing in Leeds: ‘If we had a disagreement, he would shout potato in a strong Irish accent over and over again.
‘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 tribunal heard Ms Hayes began working for the civil engineering contractor in 2021 as an office and finance manager.
Her harassment claim centred on comments made by Mr Atkins over a six-month period between December 2023 and June 2024.
She was 55 at the time.
She alleged ‘volatile’ Mr Atkins and his business partner Marcus Smith ’embarrassed’ her by making the comments – including calling her a ‘potato’ on WhatsApp.
Ms Hayes said she was too scared to ask him to stop for fear of losing her job with the Leeds-based firm.
She said in a tribunal statement: ‘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.”
The tribunal was told that Ms Hayes herself had used the word ‘potato’ and sent an emoji of the vegetable to Mr Atkins.
However, employment judge Sophie Buckley concluded that she had done so simply to ‘fit in’ and ‘make it seem okay’.
The judge said: ‘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’.’
Ms Hayes was signed off sick from her job in the summer of 2024. She claimed she had suffered panic attacks and insomnia after ‘months of harassment and bullying’ and working in a ‘hostile and toxic environment.’
She raised a grievance about Mr Smith’s behaviour before raising a further complaint of indirect harassment related to a protected characteristic.
In a document setting out her grievance, she said: ‘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.
‘I passionately believe that this was caused by the actions of Mr Atkins (and) Mr Smith.’
Ms Hayes was later dismissed from the company.
After raising her grievance with the company, Ms Hayes was then accused of allegations of gross misconduct which were said by the tribunal judge to be “entirely baseless” and “triggered by the complaints made”.
The tribunal ruled that Ms Hayes had been subjected to ‘unwanted conduct’ which ‘clearly created a hostile, humiliating and offensive environment for her’.
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 compensation totalling £23,526 (€27,160).
When approached, a defiant Mr Atkins described the tribunal proceedings as “nonsense from start to finish”.
He said the judge ‘didn’t believe a word we said’ and accused Ms Hayes of ‘crocodile tears’.
He added: ‘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.
‘The pikey [comment] was never said. It was all made up nonsense. Honestly, it’s been an absolute nightmare. It actually boils my bloof’.
Ms Hayes said she did not wish to comment on the ruling, adding: ‘I’d just like to put everything behind me and move on.’
Photo: Bernadette Hayes
