Sacked beautician wins £18,000 at tribunal

Zara Sutherland (25) received nearly £18,000 after an Employment Tribunal found that she had been dismissed due to her disability.

Zara, a beauty therapist from Rosyth, was involved in an incident on a night out in late April 2019 and was hospitalised with severe injuries that ultimately led to her losing her left eye.

The tribunal judgement is a stark warning to employers to properly follow the correct procedure when dealing with employees.

Nina Munday, manager of the Fife Centre for Equalities, said: “This case highlights that the hefty penalty could have been avoided if the employer had sought advice on how to support their staff and followed the code of practice issued by the Equality and Human Rights Commission and the Advisory, Conciliation and Arbitration Service.”

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Initially, Zara’s employer, The Beach Beauty Salon in Kirkcaldy, was concerned and sympathetic, but dismissed her last May after she submitted her Fit Note – formerly known as a Sick Note – and informed her employer that she would be entitled to Statutory Sick Pay.

The day after the Fit Note was submitted, Zara received a phone call from her employer telling her that they had to “let her go”, with Zara describing that as the “worst day” of her life.

She sought advice from Citizen Advice Rights Fife who advised her to request a formal explanation for her dismissal and, after receiving a written response from her employer, Zara then turned to the Fife Centre for Equalities for help.

Zara’s employer had told her that the reason for her dismissal was due to the fact that the business was going to “scale down”, but then went on to say that the salon was going to employ someone full-time. The tribunal considered these statements to be contradictory.

At the hearing, Zara’s employer argued that she had resigned, and that they had not dismissed her, but evidence showed that on two occasions The Beach Beauty Salon stated in writing that Zara was dismissed because of poor performance.

However, the tribunal noted that there had been no performance reviews and ruled that the performance issues “have been exaggerated for the purpose of defending the claim.”

The tribunal found that Zara’s dismissal “was triggered by the submission of her Fit Note and the discussion around Statutory Sick Pay”, with it concluding that Zara was “treated unfavourably for something arising in consequence of her disability.”

After the tribunal, Zara said: “The stress and anxiety I suffered during this traumatic experience was exacerbated by losing my job at the Beach Beauty Salon.

“Proceeding with an employment tribunal was the last thing I wanted to deal with, however I am very grateful to Nina Munday, manager of FCE, for giving me support and strength.”

Keely Cooper, owner of The Beach Beauty Salon, said: “I’m saddened at what happened to Zara.

“It can have such a detrimental effect on so many lives and a business.”

Nina Munday, manager of the Fife Centre for Equalities, said: “We commend the courage and strength of Zara for fighting against injustice.”