'Fat' jibe publican loses sex discrimination case

Bar manager gets £17,000 payout

A BAR manager at Hungerford’s John O’Gaunt Inn has won her claim for sex discrimination and unfair dismissal.

An employment tribunal awarded Rachel Skeffington more than £17,000.

The 29-year-old was sacked by boss Mark Genders after she fell unexpectedly pregnant towards the end of 2014.

Rachel Skeffington told the hearing she and her partner, Christopher Seddon, were ordered out of the gastro-pub accommodation where they had lived and worked for five months because Mr Genders did not want her working while she was pregnant.

She claimed Mr Genders would taunt her in front of customers and insisted she leave before she became “fat and wobbly”.

Announcing the verdict on Friday, Judge Andrew Gumbiti-Zimuto said: “Our decision is that the reason for the claimant’s dismissal was her pregnancy.

“We are also satisfied that the claimant was unfairly dismissed contrary to the provisions of the Employment Rights Act and the maternity and parental law regulations.

“The final issue is with the breach of contract.

“The claimant was dismissed on February 25, 2015, without notice.

“She does not have a routine contract so the statutory notice period is a week.”

He added: “There is no evidence from Mr Genders that he was entitled to dismiss her. She was wrongly dismissed and is entitled to an award for damages.”

During the hearing Ms Skeffington broke down in tears and told how she was “absolutely gutted” when she was sacked because of her pregnancy.

She added: “I had nowhere to live; I had to go back to my mum and dad’s where I was going to be a burden to them and get in their way.

“I didn’t know how I was going to support myself or how I was going to provide for my child.

“I was angry. Why should I be sacked just because I was having a baby?

“It just got to the point where I stopped talking to people.

“I was so lonely. It was the worst thing ever.

“I didn’t know where I was going to get money from... I felt useless.”

Miss Skeffington claimed there was a culture of snide comments and remarks made by her bosses in front of customers about her pregnancy.

She told the tribunal: “He also would say ‘I’ll have to get your notice before you get too fat and wobbly’.

“He made comments about me becoming fat and useless on more than one occasion.

“He enjoyed taunting us in front of his friends who were regular drinkers in the pub.”

However, the judge said that, due to lack of evidence, he was unable to come to the conclusion that such comments were made.

Ms Skeffinton also revealed her employers had paid no tax or National Insurance contributions on behalf of her or for Mr Seddon during the months they had worked there – a fact the company blamed on an accounting mistake.

In total, Miss Skeffington was awarded £17,239.20 for her claim. She was awarded £280 compensation for her wrongful dismissal; £8,000 for injury to feelings because her dismissal was discriminatory in nature; £1,120 for the company’s failure to provide her with particulars of employment regarding a contract; £3,640 for loss of earnings; £1,512 in maternity payments; and £1,120 for her period of unemployment.

The total claim was also given a 10 per cent uplift owing to the company’s breach of practice.