A chef who swore in front of guests at a spa hotel has been awarded £13,000 at a tribunal, which ruled her outburst had been triggered by anxiety.
Abbie Garner worked as a commis chef for Thorpe Hall Leisure, at a four-star hotel and restaurant with two AA Rosettes. She was dismissed after she was overheard shouting “you f**king made me love you and then you cheated on me you c***” to a colleague.
The organisation’s disciplinary policy includes examples of gross misconduct, including “the use of aggressive behaviour or excessive bad language”, and actions that bring it into disrepute.
It also provides conduct standards that implore employees to act in “an orderly and courteous manner… in front of customers, clients, agents and suppliers and colleagues”.
At an appraisal in February 2023, Garner’s behaviour was rated as good, considering she worked in a stressful and busy kitchen. However, it was noted that her mood occasionally dipped and that she could take criticism better.
She had previously discussed with her employer that she suffered bouts of poor mental health, including anxiety and depression. She also suffered from polycystic ovary syndrome (PCOS).
Garner took a period of sick leave in June and July 2023, and her return-to-work forms stated that she was taking medication to support her mental health problems, which were ongoing.
In August 2023, she was heard arguing with colleague Dylan Bolt, with whom she had been in a relationship at the time. He had slept with one of her friends, and an argument ensued in a corridor connecting the spa reception and sunbathing area, often frequented by guests.
She was heard swearing by “numerous staff and guests”, the tribunal heard, until another colleague intervened and calmed her down.
Several guests complained about the outburst, and the organisation called in its HR consultants to conduct an investigation. They advised that the incident could amount to gross misconduct and therefore lead to dismissal.
At a hearing, Garner “refused to recognise the impact of her behaviour”, downplaying the incident as having little impact. She was sent a letter informing her of her dismissal and notifying her of her right to appeal.
She replied that she would like to appeal, but did not share the grounds on which her appeal was based. She then failed to attend her appeal hearing in September, and her dismissal was confirmed.
The East London employment tribunal found that her inability to control her anger and attitude during the disciplinary meeting were a consequence of her disability, but that Thorpe Hall was justified in dismissing her in pursuit of legitimate aims of preserving its reputation and not tolerating unprofessional conduct.
However, it ruled that the organisation could have made reasonable adjustments to allow for Garner’s health issues, and that these could have led to a different outcome. Furthermore, not obtaining a medical report amounted to discrimination based on disability.
She was awarded £13,500, with £11,000 of this given to reflect injury to feelings.
