Black waitress told to take off her wig before boss tried to remove it wins £16k

10 November 2023 , 22:31

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Mazaj Arabic Charcoal Grill in Dundee - where the teenager worked and faced racial harassment (Image: Daily Record)

A Black waitress who was told to take her wig off before her boss tried to remove it has won £16,000 in a shocking racial harassment case.

Angelica Vial was left “deeply uncomfortable” after her boss Sadeq Alsafar repeatedly pressured her to remove her wig, used to protect her braids underneath. Then the 50-year-old repeated his demands and tried to physically pull the 18-year-old’s wig off, by grabbing strands of it - in what a tribunal has now ruled was racial harassment.

Ms Vial has won £16,753 in compensation after successfully suing Mr Alsafar, the Iraq-born restaurant owner and chef, for racial harassment and constructive dismissal. An employment tribunal heard how the teenager’s colleagues “gossiped” about her real hair and there was “salacious” interest in what was under her wig.

Ms Vial was the only worker at the restaurant in Dundee, Scotland, who was biracial and of Black African heritage. She began working at the Mazaj Arabic Charcoal Grill in October 2021 while she was a university student. Many of the staff were from Arabic background, the tribunal heard, and even Shada Alsafar, the boss’ wife, gossiped about Ms Vial’s hair in Arabic despite having had a “good relationship” with her.

A tribunal report said: "Early in the evening, Miss Vial was standing behind the bar, cleaning glasses. Ruby Mubariq and Shada Alsafar were there. They were chatting to each other in Arabic. Ms Mubariq turned to the claimant and said to her (in English) words along the lines of 'we were just gossiping about your hair and whether or not it's real'."

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When Miss Vial said she was wearing a wig it caused 'shock' and moments later Mr Alsafar said to her: "Oh, you're wearing a wig? Why are you wearing a wig?" "Flustered and deeply uncomfortable" Miss Vial explained she was protecting her real hair, which was braided underneath. Mr Alsafar hit back: "Oh? Take it off!"

“Embarrassed” Miss Vial moved away but the following day Mr Alsafar repeated his request. The report said: "Miss Vial went downstairs to get her belongings from the security room. She came back up with her things and was heading towards the door. Mr Alsafar was standing in front of the door, blocking it. As she tried to pass him out the door, he stopped her and said words to the effect of 'no one's here. Take off your wig'.

"She took a step back from him as he then tried to reach over and grab the wig and pull it off her head. He was smiling. He grabbed strands on the top and pulled. She held on to the wig and tried to adjust it to cover her hair. She moved backwards from him, saying words like 'no, no, I don't want to. It's stuck on!' Miss Vial was distressed. She felt humiliated and that her personal boundaries had been violated."

Miss Vial resigned days later. She told the tribunal as a result of the ordeal she stopped wearing wigs and became so anxious she stopped socialising. At the hearing, Mr Alsafar denied all allegations but Employment Judge Lesley Murphy found that he tried to remove the wig after repeatedly requesting she remove it.

Judge Murphy ruled the incidents amounted to racial harassment. Judge Murphy said: "When Miss Vial answered the question straightforwardly that her hair was not real, this served only to increase their interest and questioning. Mr Alsafar respondent joined in. Miss Vial did not encourage them with the discussion. She was brief in her answering and gave an explanation that she wore a wig to protect her hair from the cold. She described feeling awkward, flustered, embarrassed and confused.

"We could reasonably and properly infer from the facts shown, that the intense curiosity and repeated requests to be shown what was under her wig related to Miss Vial's biracial background with black African heritage and her disclosure at the time that her hair underneath was braided, a typical style for black afro hair.

"Mr Alsafar was the claimant's boss. Ruby Mubariq was her floor manager. They were both in a position of authority and power over Miss Vial. Their conduct demonstrated a salacious interest in her personal appearance which was wholly inappropriate.

"Repeatedly insisting that she remove her wig, in the face of her refusal, we readily accept violated her dignity and left her feeling intimidated in Mr Alsafar's presence at work."

Of the attempted wig removal, Judge Murphy said: "Mr Alsafar took unwelcome physical action to try to touch grab at her wig to remove it, despite her alarm and protests. We readily accept that on an objective view of this behaviour, it would violate an employee's dignity and create an environment that was intimidating and humiliating."

Miss Vial lost other claims of race harassment and direct race and sex discrimination.