A university worker has sued for racial harassment after she was banned from putting up a Christmas tree in November.
Marilyn Maher claimed her boss Jacqueline Roberts, ‘humiliated’ her when she said it was ‘too early’ to put up the festive decoration, a tribunal heard.
When Ms Maher was then given the go-ahead to put up the tree in December, she refused.
The university administrator, who is black, later sued the University of Hertfordshire for racial harassment over the incident.
She also claimed she was made to feel like a ‘black slave’ after she was told not to eat food at a leaving party before her departing colleague had arrived.
An employment judge has dismissed her claims and ruled that it was a ‘reasonable management instruction’ for Mrs Roberts to tell her not to put the Christmas trees up until December.
Ms Maher started working for the University of Hertfordshire in August 2019.
In June 2022, she started her role as School Administrator and Facilities Coordinator in the School of Physics, Engineering and Computer Science.
On November 21, Ms Maher sent an email to Ms Roberts asking to set up Christmas trees in the department.
The administrator alleged that Ms Roberts did not reply to this email, and instead came into the corridor and said to her in a ‘loud voice that she should not put up Christmas trees at this time’.
Ms Roberts employee told the panel that she went to speak to Ms Maher – who had already started erecting the trees – to ‘tell her it was ‘too early’.
A judgement said: ‘She [Mrs Roberts] denied shouting or raising her voice as it was not her style of management.
‘She considered it a reasonable management instruction not to put up Christmas trees until December.’
It was heard that on December 2, Ms Roberts emailed Ms Maher asking her to now put up the trees.
Mrs Maher ‘didn’t respond to this’ and then told another colleague that she ‘refused to do it’.
As a result, students who were paid to help with basic jobs were asked to do the job instead.
The tribunal heard of another incident in August during which a small leaving party was arranged for an employee. The panel heard that food and drinks were provided.
During her evidence, Ms Maher told the panel that during the event, she had ‘picked up a biscuit unconsciously, but that she did not eat it as she is borderline diabetic’.
Mrs Maher said that she was ‘rebuked’ by Ms Roberts over the act, who had called her ‘rude’ and said she should wait until the employee who was leaving to arrive before eating the food.
She said Ms Roberts was ‘humiliating’ her in front of other staff and that she approached her and told her ‘not to speak to her like that’.
The judgement said: ‘[Mrs Maher’s] evidence to the Tribunal was that she felt like a black slave waiting for her white master to say when she could eat.
‘She also told the Tribunal that she believed that by touching the food, others thought that due to her being black, the food would be contaminated/contagious.’
Ms Roberts told the panel that she had simply told Ms Maher to wait until the departing colleague had arrived before eating.
She said there was clingfilm over the food and Mrs Maher went to take it off but denied that she was ‘rude’.
A meeting took place between Ms Roberts and the administrator in November during which there was a discussion about various ‘shortcomings’ in Maher’s work.
After the meeting, Ms Maher wrote to the dean of the school to report Ms Roberts for being ‘disrespectful and rude’.
She accused Ms Roberts and another colleague of ‘treating her badly’ and said they would ‘suffer the consequences’.
A ‘fractious’ meeting was held between Ms Maher and her line manager, and the following day, the administrator resigned from her post.
Ms Maher sued for direct race discrimination and harassment related to race.
Employment Judge Sally Cowen said: ‘The Tribunal found that Mrs Roberts did not speak to the [Mrs Maher] in a loud voice and that it was a reasonable management instruction to say that she didn’t want the trees put up as early as 21 November.
‘It is unwanted conduct as [Mrs Maher] disagreed with Mrs Roberts’ view.
‘However, the Tribunal found that Mrs Roberts’ decision and her communication of it, were not related to [Mrs Maher’s] race in any way.’
