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Tribunal rejects M&S bra fitter’s claim over colleague dispute
A tribunal dismissed Elif Archbold’s claim against Marks & Spencer, ruling that conflict with fellow bra fitter Lesley Payne was not racially motivated. The case matters because it examined Archbold’s allegation that she had been bullied and discriminated against at work, but found the dispute arose from a dysfunctional relationship between colleagues.
Archbold, who is Turkish, worked mainly in the Stirling store’s lingerie department from 2008 and had term-time-only hours. Payne, a trained bra fitter with 20 years’ service, was described as sometimes abrupt and dismissive; tensions included a dispute over Archbold’s early start, break times and a failed mediation. After a further disagreement in March 2024, Archbold was moved to footwear, which she said left her feeling humiliated; the tribunal found the women’s relationship involved mutual distrust and misunderstandings.
In short
- Tribunal rejects a racial discrimination claim against M&S.
- Two Stirling bra fitters had a long-running workplace dispute.
- The judge attributed the conflict to mutual distrust and misunderstandings.
Steelman: both sides, in good faith
The strongest fair case each way — we don't pick a winner.
The case for
Archbold’s strongest case is that repeated friction with a more senior colleague, followed by a move out of the lingerie department, could reasonably have felt like bullying and professional humiliation. She may also argue that the tribunal’s finding of a dysfunctional relationship does not, by itself, settle whether bias affected how the conflict was handled, particularly given the imbalance in service and influence between the colleagues.
The case against
M&S’s strongest case is that workplace conflict and an upsetting reassignment do not establish racial discrimination without evidence connecting the treatment to race. The tribunal found mutual distrust and misunderstandings, identified specific disagreements about working arrangements and mediation, and concluded that the dispute was not racially motivated; on that account, the move to footwear was a response to a difficult working relationship rather than discrimination.
Explained simply
Marks & Spencer is a large British retailer, and its Stirling shop has a lingerie department where staff help customers find bras. Elif Archbold, who is Turkish, worked there from 2008; Lesley Payne was a trained bra fitter with long service at the company.
The dispute between the two colleagues involved disagreements over working hours, breaks and how they communicated with each other. After tensions continued, Archbold was moved to the footwear department, a change she said made her feel humiliated.
The case considered whether Archbold had been bullied or treated unfairly because of her race. It also raised questions about how workplace disputes are handled when colleagues’ accounts and understanding of events differ.
Read the full article at the source →
Originally published by Daily Mail as “Storm in a D cup: Rivalry between two M&S bra fitters ends in legal fight after pair accuse each other of ‘stealing customers’”.