\n She alleged that he engaged in \u201cunwanted 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.\u201d\n<\/p>\n
\n Read more<\/strong>\n<\/p>\n \n 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.\n<\/p>\n \n Employment Judge Shona MacLean found the dismissal was both \u201cprocedurally and substantively unfair\u201d and designed to deprive her of her rights.\n<\/p>\n \n 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.\n<\/p>\n \n In the summer of 2023 he commented that she looked \u201cvery Aryan with your blue eyes and blond hair.\u201d\n<\/p>\n \n A few weeks later, after she bought a coffee for a white colleague, he asked, \u201cIs that for me?\u201d and, on learning it was not, added: \u201cOh yeh forgot you like white people better\u201d and \u201cHow was Germany?\u201d\n<\/p>\n \n Ms Sinclair said she had no connection with Germany and interpreted the comment as \u201csuggesting that she was racist or associated with Nazi ideology.\u201d\n<\/p>\n \n She told the tribunal she felt awkward and believed her employer \u201cderived satisfaction from her discomfort.\u201d\n<\/p>\n \n In late 2023 Ms Sinclair challenged a comment Mr Soliman made in a staff group chat.\n<\/p>\n \n According to the tribunal judgment, she \u201cexpressed concern that the comment was threatening, and sometimes there was a tense atmosphere among staff\u201d when Mr Soliman was present.\n<\/p>\n \n The tribunal also heard evidence that Mr Soliman dismissed her concerns about his behaviour by saying to another manager: \u201cYou just get some females like that.\u201d\n<\/p>\n \n Ms Sinclair \u201cfelt anxious about this comment\u201d and \u201cthought that the second respondent did not have a high regard for women who did not agree with him.\u201d\n<\/p>\n \n Relations deteriorated, and she later discovered that managers had to persuade him not to dismiss her at that stage.\n<\/p>\n \n By June 2024 she had been removed from the staff WhatsApp group.\n<\/p>\n \n On July 11 she turned up for her shift only to be told she was being dismissed for \u201cpoor sales performance\u201d. No prior warnings or evidence were given.\n<\/p>\n \n When she queried the lack of discussion, Mr Soliman told her it \u201chad not quite been two years\u201d and the decision had been made.\n<\/p>\n \n 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.\n<\/p>\n \n The tribunal awarded Ms Sinclair \u00a32,000 for injury to feelings caused by the harassment, plus \u00a3322.19 in interest.\n<\/p>\n \n She was also awarded \u00a314,475.85 for unfair dismissal, including compensation for lost earnings.\n<\/p>\n \n In addition, the company was found to have breached its duty to provide written reasons for dismissal and notice pay, resulting in a further \u00a31,274.68.\n<\/p>\n \n In total, the award against More Blacks, More Dogs, More Irish Ltd and Mr Soliman came to \u00a318,072.72, to be paid jointly and severally.\n<\/p>\n \n Read more<\/strong>\n<\/p>\n \n 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.\n<\/p>\n \n Judge MacLean said Ms Sinclair had given her evidence \u201chonestly and in an understated manner\u201d and found her account credible.\n<\/p>\n \n He said the remarks about race and sex were \u201cunsolicited\u201d and created an intimidating environment. While the harassment was not prolonged, it caused genuine embarrassment and anxiety.\n<\/p>\n \n On the dismissal, he said: \u201cThe dismissal appeared predetermined to avoid the claimant acquiring statutory rights. I concluded the dismissal was for an unfair reason.\u201d\n<\/p>\n \n The Old Toll Bar is one of Glasgow\u2019s 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.\n<\/p>\n \n The pub has been approached for comment.<\/p>\n","protected":false},"excerpt":{"rendered":"She alleged that he engaged in \u201cunwanted conduct related to race and sex which had the effect of…\n","protected":false},"author":2,"featured_media":409184,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[7826],"tags":[748,918,4884,712,16,15],"class_list":{"0":"post-409183","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-glasgow","8":"tag-britain","9":"tag-glasgow","10":"tag-great-britain","11":"tag-scotland","12":"tag-uk","13":"tag-united-kingdom"},"share_on_mastodon":{"url":"https:\/\/pubeurope.com\/@uk\/115171712249917596","error":""},"_links":{"self":[{"href":"https:\/\/www.europesays.com\/uk\/wp-json\/wp\/v2\/posts\/409183","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.europesays.com\/uk\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.europesays.com\/uk\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/uk\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/uk\/wp-json\/wp\/v2\/comments?post=409183"}],"version-history":[{"count":0,"href":"https:\/\/www.europesays.com\/uk\/wp-json\/wp\/v2\/posts\/409183\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/uk\/wp-json\/wp\/v2\/media\/409184"}],"wp:attachment":[{"href":"https:\/\/www.europesays.com\/uk\/wp-json\/wp\/v2\/media?parent=409183"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.europesays.com\/uk\/wp-json\/wp\/v2\/categories?post=409183"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.europesays.com\/uk\/wp-json\/wp\/v2\/tags?post=409183"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}