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Abe
10-07-2007, 11:08 AM
I atribute this article
from the Employment Law Services Ltd, Weekly News Reports.

Notes:
Any form of Discrimination is not acceptable, but be conscious that you do not offend on hair colour as the ruling in this case is quite clear.

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09 July - ‘Ginger’ compensation payout

A red-headed waitress has been awarded £17,618 compensation by an employment tribunal after being taunted about the colour of her hair and experiencing lewd and embarrassing comments. Sarah Primmer, 41, of Plymouth, was dismissed from Rendezvous Cafe while she was off work. The employer did not accept a doctor’s sick note and she claimed compensation for unfair dismissal and sexual harassment as well as notice, holiday and sick pay.

The award was made against Mayflower Kebabs Ltd, Kemal Koyunco, Malik Aldogan and Laxtone Ltd. The Exeter tribunal chairman, Christa Christensen, said the "regular sexual harassment and innuendo" suffered by Ms Primmer had affected her self-esteem. It was "denigrating, highly personal and demeaning".

The cafe’s night manager had subjected Ms Primmer to inappropriate comments over a period of six months and had translated the comments into Turkish for the other staff.

After being sacked Ms Primmer was so upset that she dyed her hair and spent £90 every three months on keeping it blonde
"I am going to try and get it lighter and lighter, it is not nice to be ginger," she said.

After the hearing Ms Primmer said she was "staggered" at the size of the award. The tribunal decision has prompted new fears that ‘gingerism’ could be the next form of workplace discrimination.

frank
10-07-2007, 08:15 PM
Hi Abe

Do you think I could make a claim about comments made regarding the loss of hair to ones pate??

I've suffered such "discrimination" for many years :)

Abe
10-07-2007, 08:44 PM
Frank,

If you were an " employee" and you were jibed about something that you feel sensitive about, ie; could be a big nose , or spots, or something, and these led you to suffer injury to your feelings, and has the impact of affecting your confidence,

Then I would say in all probability a Tribunal will judge that this constitutes unfair treatment, and recompence you accordingly.

As employers are vicariously liable for the actions of their employees, my advice would be not to support any kinds of behaviour in the work place which could potentially lead you to a Tribunal.

Lewd remarks, horseplay, jibes, etc..........Have a written policy enshrined in the company handbook, which forms part of the contract that the company takes a dim view towards any kind of discriminatory practices.

That way it minimises your liability in case something does happen.

I know its a shame, but we are living in a highly litigenous society where people will take issues to court for the slightest misdemeanours, or for enrichment.

monkey spanners
11-07-2007, 10:44 PM
I'd better stop calling Dave a lazy Fecker then:o

Abe
12-07-2007, 09:18 AM
David Portman successfully sued the Royal Mail for unfair dismissal after he lost his job for taking time off to mourn the death of his dog.

The postman had missed 137 days in five years for reasons including breaking his foot when pushing mail through a letter box, spraining his ankle when standing on a piece of wood and being injured in a car accident. Throughout, his faithful hound Brandy had provided unstinting companionship.

When one morning he found her dead at the foot of his bed, Portman took her demise badly and failed to show up to work for a week. He returned to find he had been sacked.

A tribunal found that “none of the claimant’s absences were for other than wholly legitimate and genuine reasons”.