She alleged that he engaged in “unwanted conduct related to race and sex which had the effect of violating her dignity and creating a degrading, intimidating, humiliating and offensive environment for her.”
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She was later dismissed without notice, just days before her two-year anniversary with the company, when statutory protection from unfair dismissal would have taken effect.
Employment Judge Shona MacLean found the dismissal was both “procedurally and substantively unfair” and designed to deprive her of her rights.
Ms Sinclair, who worked at the Old Toll Bar from July 2022, told the tribunal that Mr Soliman had made several remarks which left her feeling humiliated and anxious.
In the summer of 2023 he commented that she looked “very Aryan with your blue eyes and blond hair.”
A few weeks later, after she bought a coffee for a white colleague, he asked, “Is that for me?” and, on learning it was not, added: “Oh yeh forgot you like white people better” and “How was Germany?”
Ms Sinclair said she had no connection with Germany and interpreted the comment as “suggesting that she was racist or associated with Nazi ideology.”
She told the tribunal she felt awkward and believed her employer “derived satisfaction from her discomfort.”
In late 2023 Ms Sinclair challenged a comment Mr Soliman made in a staff group chat.
According to the tribunal judgment, she “expressed concern that the comment was threatening, and sometimes there was a tense atmosphere among staff” when Mr Soliman was present.
The tribunal also heard evidence that Mr Soliman dismissed her concerns about his behaviour by saying to another manager: “You just get some females like that.”
Ms Sinclair “felt anxious about this comment” and “thought that the second respondent did not have a high regard for women who did not agree with him.”
Relations deteriorated, and she later discovered that managers had to persuade him not to dismiss her at that stage.
By June 2024 she had been removed from the staff WhatsApp group.
On July 11 she turned up for her shift only to be told she was being dismissed for “poor sales performance”. No prior warnings or evidence were given.
When she queried the lack of discussion, Mr Soliman told her it “had not quite been two years” and the decision had been made.
The tribunal found there was no evidence of misconduct and that sales figures reflected the performance of shifts rather than individuals. The dismissal was found to have been predetermined.
The tribunal awarded Ms Sinclair £2,000 for injury to feelings caused by the harassment, plus £322.19 in interest.
She was also awarded £14,475.85 for unfair dismissal, including compensation for lost earnings.
In addition, the company was found to have breached its duty to provide written reasons for dismissal and notice pay, resulting in a further £1,274.68.
In total, the award against More Blacks, More Dogs, More Irish Ltd and Mr Soliman came to £18,072.72, to be paid jointly and severally.
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Mr Soliman did not attend the final hearing or respond to correspondence, and earlier failed to provide medical evidence to support a claim that he was too unwell to attend.
Judge MacLean said Ms Sinclair had given her evidence “honestly and in an understated manner” and found her account credible.
He said the remarks about race and sex were “unsolicited” and created an intimidating environment. While the harassment was not prolonged, it caused genuine embarrassment and anxiety.
On the dismissal, he said: “The dismissal appeared predetermined to avoid the claimant acquiring statutory rights. I concluded the dismissal was for an unfair reason.”
The Old Toll Bar is one of Glasgow’s oldest pubs, known for its ornate Victorian interior. It was taken over by More Blacks, More Dogs, More Irish Ltd in 2022. It was recently shortlisted for best pub at the Glasgow Bar Awards.
The pub has been approached for comment.