A Perthshire hotel receptionist who lost her job after becoming pregnant has won her claim of unfair dismissal.
Highland Welcome Hotels Ltd, owners of the the Breadalbane Arms in Aberfeldy, has been ordered to pay Alicia Crispo compensation totalling £14,177.
An employment tribunal in Dundee heard that Miss Crispo, of Bank Street, Aberfeldy, was hired by the hotel on the day the company took over the business on August 31 2012.
She understood that she was being paid on an hourly basis at the minimum wage rate of £6.08 per hour. She was never advised that the management reserved the right to reduce her hours to zero.
Miss Crispo went off ill on October 24 2012 and her doctor said she might be fit to return for light duties and not work past 5pm. This was not acceptable to the company and she was signed off for another week.
Miss Crispo learned that she was pregnant while she was still off and gained the impression that her manager, Ms Gill Hawkins, was not very happy.
Her sick line expired on November 13 but when she contacted the manager she was told she could not return that week as the rotas had already been done.
She was told to telephone one of the directors, Donald Allan, about coming back to work but he did not respond.
She contacted the manager again and was told there were no more hours for her at the hotel. Miss Crispo was appalled at her treatment and took this as a dismissal.
She did manage to speak to Mr Allan but, according to the judgment, she found him “extremely rude”, the conversation became heated and he hung up on her.
Miss Crispo took legal advice and lodged a claim that she had been dismissed because of her pregnancy.
The company responded that business was seasonal and staff hours had to be reduced but it was hoped that more hours would be available to Miss Crispo during Christmas and New Year.
The hotel did not contact her during that period but its solicitor wrote to her in March offering to reinstate her on terms and conditions to be agreed.
She proceeded with her unfair dismissal claim, which the tribunal upheld.
Judge Ian McFatridge said there was difficulty in dealing with the case because Ms Hawkins and Mr Allan were not called to give evidence. Ms Hawkins was herself now in dispute with the company and Mr Allan had left his post.
The tribunal considered that Miss Crispo was employed full-time on hours that were subject to variation.
They felt that reducing Miss Crispo’s hours to zero was unfavourable treatment. There were facts in the case from which they could deduce that she was dismissed because she became pregnant, and was unlawfully discriminated against.