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Tribunal asks boss to put himself in workers’ shoes after ‘banning Polish worker from speaking Polish’

Magdalena Konieczna
Magdalena Konieczna

The boss of a fish processing firm accused of race discrimination by imposing a controversial ban on speaking foreign languages was asked to put himself in the shoes of his workers yesterday.

Polish payroll administrator Magdalena Konieczna has taken Whitelink Seafoods in Fraserburgh to an employment tribunal claiming she was unfairly dismissed.

On Monday Mrs Konieczna told the Aberdeen tribunal that before she was fired in June last year, a new rule came into force banning workers from speaking anything but English.

Yesterday Andrew Sutherland, a director at Whitelink Seafoods, was pressed on why the common language policy was necessary.

He said: “I know we put the policy in to ensure people speak English as much as possible while packing fish and for health and safety concerns.”

The tribunal heard that on one occasion Mr Sutherland confronted Mrs Konieczna while she was speaking in Polish to a colleague in reception and told her to speak English instead.

Magdalena Konieczna outside the tribunal
Magdalena Konieczna outside the tribunal

Yesterday tribunal judge Nicol Hosie asked him how he would feel about the policy if he was a worker in a foreign country.

The fish marketing manager responded: “I should have learned a modern language before I went out to a foreign country.”

Later, Valerie Ritchie, who dismissed Mrs Konieczna from Whitelink, insisted the blanket ban was intended to foster a common language and improve safety.

However, when quizzed by Mr Hosie on whether the ban could actually endanger foreign workers if they were unable to alert colleagues, the human resources manager conceded the policy would not be enforced.

She said: “We’ve got safety information on the wall and if there’s a safety issue on the floor they need to communicate with each other. You couldn’t possibly put signs up for every language. We’re going to miss some languages and then we’re discriminating against them.”

She added: “If somebody was about to lose their hand I would not discipline them for speaking their language. But if someone was showing a disregard you would have to resort to disciplinary action.”

The firm, based on Watermill Road, employs about 100 workers of eight different nationalities, including Latvian, Polish, Lithuanian, Chinese and Bulgarian. The case has been put on hold until a key witness is available to give evidence.