An admin worker with Chinese heritage who sued a solicitors firm after a paralegal colleague told her ‘all Chinese run chip shops’ has won a near £10,000 payout.
David Bridge, a paralegal at Bristol-based Watkins Solicitors, had a ‘tendency to make inappropriate comments’ and left Sherlando Sutherland, a black female, feeling ‘upset and embarrassed’.
An employment tribunal heard that Ms Sutherland mentioned her grandmother was Chinese, before Mr Bridge shocked her by asking: ‘Does she own a chip shop, all Chinese own chip shops?’
She told a panel that Mr Bridge had also boasted that ‘someone had tried to get him into trouble but it backfired and he did not even get a slap on the wrist’.
However, Ms Sutherland has now been awarded £10,000 after successfully suing for harassment in the workplace.
The tribunal heard that administrative assistant began working in the conveyancing department at the firm in July 2018. The same year, Mr Bridge joined the firm as a paralegal.
He was already friends with firm partner Angela Dunlop, who was head of conveyancing and Ms Sutherland’s manager.
Mr Bridge was described as ‘chatty’ and ‘loud’ and the tribunal heard that, if he said anything inappropriate or offensive, he would say ‘I don’t care, go tell HR’.
He made the offensive comment in February 2019 after Ms Sutherland mentioned her grandmother’s heritage, but although she was upset, she did not want to make a formal complaint.
The offices of Watkins Solictors in Fishponds Road, Bristol. The tribunal heard paralegal David Bridge had a ‘tendency to make inappropriate comments’
When managing partner Beverley Watkins was informed of the comment, she was ‘horrified’ and told Mrs Dunlop to Mr Bridge that it was ‘unacceptable and, if it happened again, it would be extremely serious’.
Mrs Dunlop said Mr Bridge fully understood the seriousness of the warning, but he later told Ms Sutherland that he did not even get a ‘slap on the wrist’.
The panel said: ‘It was more likely, taking into account the reaction of Mr Bridge after the discussion, that he was simply told about the allegation and not to do it again.
‘We did not accept that the seriousness nor the potential disciplinary consequences were impressed upon him.’
In May 2019. three months after the incident, Ms Sutherland complained of feeling unhappy in her team and reference racial comments and banter ‘being taken too far’.
Mr Bridge left the firm in October 2019, while Ms Sutherland was furloughed at the beginning of the Covid pandemic in March 2020.
She later alleged she had been ‘bullied’ and ‘victimised’ for two years by Mrs Dunlop, which she claimed started when Mr Bridge joined the firm.
After making a complaint she felt was not taken ‘seriously’, Ms Sutherland left the company in July 2020.
During a subsequent grievance meeting, Watkins Solicitors acknowledged Mr Bridge’s comments were ‘wholly inappropriate’, but concluded that she had not been treated unfairly by Mrs Dunlop.
She then went to an employment tribunal, which has found she was harassed by Mr Bridge’s comment.
The panel, led by Employment Judge James Bax, concluded: ‘We accepted that Miss Sutherland found it upsetting, offensive and embarrassing.
‘When the conduct was brought to Mr Bridge’s attention he was dismissive of it and we accepted that further enhanced her feelings.’
Ms Sutherland was unsuccessful in a claim that she had been furloughed due to her race and sex, while further claims for constructive unfair dismissal, direct discrimination and harassment also failed.
She was awarded £8,500 for ‘injury to feelings’, with a further £991.50 in interest.
