Shopworker in line for £120,000 after suffering homophobic bullying
05.03.07
Add your view
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.