A Brazilian employee who was bullied for being a foreigner and sounding like the cartoon character ‘SpongeBob SquarePants’ has been awarded £140,000 compensation by an Employment Tribunal.
Licia Faithful was subject to 18 months of abuse during her time at AXA PPP Healthcare in Tunbridge Wells. Her colleagues would tape and replay her voice, mimicking and laughing at her. She resigned in 2008 after developing post-traumatic stress, depression, and an intense fear of public spaces because of the prolonged and constant bullying.
In addition to mocking her voice, Mrs Faithful had Brazilian flags stolen from her desk and was ordered by management not to wear a top with a Brazilian national logo on it. Her achievements at work were also overlooked while others were praised and rewarded with cash and vouchers.
One incident occurred during a company outing. Whilst on the coach, an employee stood up and complained about “bloody foreigners” when Mrs Faithful was the only foreign national on board.
Mrs Faithful found she had no choice but to resign in 2008. The Employment Tribunal found that she had been constructively dismissed and therefore could claim unfair dismissal.
The Ashford Employment Tribunal in Kent found AXA guilty of four breaches of employment law. Judge Gill Sage condemned the management at the company, saying that there had been a “manifest failure” to protect Mrs Faithful from discrimination and bullying.
The judge said there was obvious evidence that bullying was occurring and that this was contrary to AXA’s own behavioural policies. She also condemned the company for putting Mrs Faithful through a humiliating grievance procedure after she complained of the abuse.
The £141,990 compensation was awarded by the Tribunal for four different categories:
• Racial and other discrimination - £81,740
• Damages - £10, 012
• Hurt feelings - £24, 765
• Personal injury - £25, 475
Judge Sage said AXA “lacked empathy”; a warning other employers should take notice of if they wish to avoid paying out similar compensation awards in the future.
Employees who are suffering from similar types of discriminatory abuse are advised to contact an employment solicitor to see if they have a potential claim. Discrimination and harassment in the workplace is not acceptable, as this case clearly shows, and an employer who has failed to stop bullying can be chastised under employment law.
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