£60,000 Award for Waitress Sacked by Text.

A waitress who was sacked via a text message, after she claimed that the manager of the restaurant where she worked had sexually harassed her, has been awarded almost £60,000 in compensation.

Jane Price told the Exeter Employment Tribunal (ET) that she had suffered post-traumatic stress disorder and agoraphobia as a result of the bullying and harassment she had been subjected to while working at the Steak House and Omelette bar in Plymouth. She admitted showing colleagues the scars left by a breast enhancement operation she had undergone to combat a hormone deficiency. However, she claimed that the former manager, Peter Tunney, had begun a campaign of sexual harassment. He had tried to kiss her and had grabbed her breasts. Two days after she complained about his behaviour to the restaurant owner, Mr Tunney's brother-in-law Alex Psaras, she was sacked by text message.

Mrs Price brought a claim against the restaurant for unfair dismissal, sexual discrimination and harassment. She also claimed sexual discrimination against Mr Tunney, who has since been sacked by the restaurant.

Although the Tribunal Judge said that Mrs Price had participated in the ‘culture of banter and flirtation' that existed amongst the mainly young staff and management at the restaurant, The ET upheld her claims.

The owner of the restaurant, Mr Psaras, was given six months to make a compensation payment made up of £23,741 for harassment and £30,216 for the 'discriminatory dismissal'. In addition, Mr Tunney was ordered to pay Mrs Price £5,256 because he was considered partly liable.

Following the ET's decision, Mr Psaras said, "I sent the most expensive text ever sent." He claims that the compensation award could ruin his business.

Failing to follow proper procedures when dismissing an employee can be a very expensive mistake. If you are considering dismissing staff, contact us for advice before you act.

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