Farm worker's failed discrimination claim prompts call for better training

Friday 11 August 2023

A former Jersey Royal Company worker from Bulgaria has had her racial discrimination claim rejected – but the company has been encouraged to put "enhanced emphasis on discrimination training".

Employment and Discrimination Tribunal Deputy Chair Advocate Cyril Whelan told Nora Nikolaeva Nenkova-Ivanova that his panel had “found no evidence" to suggest racial discrimination took place during her time working for the potato company.

However, Advocate Whelan acknowledged in his judgment that “there have been the communication and cultural differences to be expected when different nationalities are brought together in the workplace” and suggested that “a particular, enhanced emphasis on discrimination training would be helpful”.

Ms Nenkova-Ivanova worked for The Jersey Royal Company from March 2022 to August 2022 as a farm assistant for an average of 57 hours per week.

She claimed that superior members of staff had “shouted” at her, treated her “rudely” and “showed aggression”.

Ms Nenkova-Ivanova said: “The tone they speak to me was different to what they used in their communication with other nationalities' staff members. 

Pictured: The case was heard by the Employment and Discrimination Tribunal.

“They used offensive gestures against me, as well on many occasions me and my Bulgarian colleagues were called 'stupid Bulgarians' by them.”

The claimant also alleged that her use of the toilet had been restricted, she was berated for resting while feeling ill, and that the hardest work was given to the Bulgarian employees.

However, Malgorzata Lacz – a company supervisor of 12 years’ service – described Ms Nenkova-Ivanova’s as having shown “poor work performance” which she “wouldn’t take... seriously or change”.

The Deputy Chair accepted evidence from The Jersey Royal Company that "the claimant had been treated according to exactly the same standards as all other farm workers in their employment" and "given the nature of its operation, it would make no business sense for the company to exercise or tolerate discrimination as alleged by the claimant".

Although Advocate Whelan rejected Ms Nenkova-Ivanova's claim for discrimination on grounds of race, he urged The Jersey Royal Company "to reflect on some aspects of the evidence received by us at the hearing".