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Shopworker in line for £120,000 after suffering homophobic bullying
Last updated at 00:22am on 05.03.07
Marlene Bielak: Suffered months of bullying at the hands of a colleague who disapproved of her homosexual lifestyle
A lesbian shop assistant is in line for more than £120,000 after leaving her job because of a colleague's taunts about her sexuality.
Marlene Bielak, 34, suffered months of bullying from Katrina Davies, 27, who would constantly play a Morrissey song called All The Lazy Dykes at the store where they worked.
Matters came to a head when an argument broke out between the two women.
Mrs Davies, a practising Jehovah's Witness, pushed Miss Bielak and started shouting and swearing at her, calling her a '******* dyke'.
A tribunal also heard that she would play the Morrissey track every time Miss Bielak came into the stockroom at the Next store in St Helens, Merseyside.
Miss Bielak made a formal complaint against Mrs Davies, but was too distressed to go back to work.
She resigned and an employment tribunal last December ruled she had been sexually discriminated against and unfairly dismissed.
The mother of one, from Liverpool, said: 'It is not about the money, it is about getting justice, not only for me but for all those other people who are being discriminated against because of their sexuality.
'This woman was allowed to physically push me, she shouted and swore at me, called me a "******* dyke" in front of other colleagues, and harassed and bullied me because of her religious beliefs.
'She hated me simply because of the life I live. She claimed that I was a promiscuous person, simply because I am a lesbian, but nothing could be further from the truth. I have a partner who I love and we've been together for six years and are raising our son together.
'She shouldn't have been allowed to get away with it and Next shouldn't employ people who force their prejudices on others.'
Miss Bielak started working for Next at shops in Prescot and Speke, Liverpool, in October 2003.
But problems arose when she was transferred to the St Helens store in August 2004.
Miss Bielak claimed that from the outset Mrs Davies and her husband Neil, who also worked at the store, made snide comments about her sexuality.
The couple, who make no secret of their strong religious beliefs, also questioned her lifestyle and the environment in which Miss Bielak, and her partner, Genna Harris, 24, were raising her seven-year-old son Joe, she said.
The tribunal heard that the resentment between the women boiled over on December 20, 2004.
Mrs Davies had over-reacted when Miss Bielak accidentally dropped a heavy crate of merchandise on the floor close to where she was working.
Mrs Davies started swearing at Miss Bielak. When their manager tried to intervene, Mrs Davies said: 'What are you bothered about, she's only a ******* dyke.'
Miss Bielak lodged a complaint against Mrs Davies and went on sick leave. But the company failed to deal with her grievance for another 14 months so Miss Bielak resigned and lodged a claim for unfair dismissal.
The tribunal concluded Miss Bielak had been victimised and sexually discriminated against by Mrs Davies and ruled that Next's delay in dealing with the complaint meant that she had been unfairly dismissed.
Miss Bielak earned around £13,000 a year as a shop assistant with the company.
She is claiming around £124,000 damages for injury to feelings and loss of earnings. A damages hearing was adjourned on Friday and she will not find out how much she will be awarded until July.
Reader views (11)
Here's a sample of the latest views published.
Jehovah's Witnesses may behave like that in the US but they are very different over here.
- Simon Dax, Folkstone, UK
Sorry, but attacking Mrs Davies' religion smacks of ignorance at best, and prejudice at worst. The article and subsequent comments show how easily people can be persuaded by such nonsense.
Let's not be naive. This article is reporting on a legal matter where people have much to gain by "spinning" facts in their favor. And the news media has much to gain from a sensational story. (Another point: why are there no comments from Mrs Davies in the article? Did she have anything to say in her defense?)
As one of Jehovah's Witnesses myself, I especially resent the broad brush with which all are trying to paint the Witnesses. Think about this: the claim that Mrs Davies is a practising Jehovah's Witnesses would be meaningless unless it were well-known that Witnesses do not behave like this! I know for a fact that this type of behavior on the part of a brother or sister would be shocking and unacceptable, requiring strong counsel from the congregation elders.
Frankly, this looks like just another case of religious prejudice on the part of Ms. Bielak to get the Big Buck$ and ignorance on the part of the commentors.
- Chris, Florida, USA
It's not rubbish. I spent several years on Wall Street and one of my jobs was to train new brokers. This one young guy we hired came into my office after a few weeks and was quite distressed. The reason? His Jehovahs Witness leadership was requiring he leave his girlfriend of 9 months because, as they put it: she was not "one of them" (she was NOT a Jehovahs Witness).
He loved the girl so he refused and as a Catholic, SHE refused to convert. He was summarily excommunicated or whatever their term is for it.
Many Jehovah's Witnesses are, in my experience, some of the most closed-minded people I know and this story sounds precisely like what I would expect from them. Mistreating someone because of their being homosexual? Par for the course.
Good luck to Ms. Bielak.
Cheers!
- Sean, Annapolis, Maryland, United States
Amber, how can you say I doubt she is all sweetness and light?!
That is exactly the point of this case.
You have made a judgment based on 1. The lady's sexuality and 2. The content of an article.
That is the sort of attitude that creates these problems!
Ridiculous!
- Stuart, UK
What a wonderful, cosseted world some people live in. Unlike the tribunal judge, Amber, you weren't at the court hearing to hear other co-workers' evidence, so you're hardly in a position to pooh-pooh its findings. I've known a Jehovah's Witness who swore like a sailor (in fact, he had been one) and was an alcoholic - a situation possibly exacerbated by the conflict between his faith and his homosexuality but, again, I couldn't say for sure without knowing ALL the contributing factors.
As for Jane's suggestion that none of us discuss our private lives at work; this is a great idea, of course. But it won't stop colleagues from asking, and when areas such as childcare arrangements, for example, are under discussion, I doubt that this is always possible. Most gay people aren't "flaunting" their sexuality (for want of a better word) any more than their straight counterparts and they rarely EVER work together. Unlike this "lovely" lady of faith and her "charming" husband.
- Jonny, London
Having known some Jehovah's Witnesses for a number of years, I can safely say that this is a load of rubbish. First of all, they don't swear, and secondly although they may not agree with certain lifestyles doesn't mean that they react badly to it. Perhaps Next employ these 'savages' because they tend to be the most honest and reliable workforce there is, and more than likely wouldn't bend to the mad politically correct 'compensation culture' that has obviously clouded the eyes of Marlene. I can't imagine that she's all sweetness and light herself!
- Amber, Liverpool
Fantastic news that people can be protected from spiteful religious zealots and employer apathy. Next, the employer, will have to think twice about employees who force their personal views on others in an intimidatory way. How on earth did Next end up employing these savages and expose them to their customers with this attitude?
- Jowo, London
Jehovah's Witnesses demand their freedom of expression to call at my door with their own dogmas, so what's this hypocrisy?
- Charles, London
I have never discussed my sexuality at work, so as far as I am aware my colleagues have no idea about my sexual persuasion. If anyone wishes to discuss their private life at work they leave themselves open to ridicule, no matter whether they be straight, homosexual, into animals or whatever. Keep somethings private - you'll be happier for it.
- Jane, London
10 year salary for this?! This liberal justice system is gonna break the UK.
- Georgie, London
Oh, come on! Not about the money, but wanting nearly 10 times her annual salary in compensation? I would have sympathy for her if she wasn't trying to abuse the system to enrich herself.
- James, London, UK
