Tuesday, August 29, 2023

UK
Restaurant manager told ‘you’ll be terminated’ after she revealed pregnancy


Alex Barton
Sat, 26 August 2023 

Pauline Bawej, whose daughter Mali is now three, said she was ‘devastated‘ by the ordeal - Solent

A restaurant manager whose boss told her “you will be terminated” after she revealed she was pregnant has won a payout of more than £35,000.

Paulina Bawej, 32, was first told by her manager she must take a pay cut of £4,000 before receiving threatening messages and then being fired, an employment tribunal heard.

Ms Bawej, who represented herself, has now been awarded £35,492 in compensation after successfully suing for pregnancy discrimination and unfair dismissal.
‘Shocked’ by the news


The company that employed her, Huangs Grill, runs Japanese restaurants Sushinoen, in Whitechapel, east London, and Taisho, in Golders Green, north London.

The tribunal heard Ms Bawej was employed as assistant manager from July 2018.

Ms Bawej told her boss she was expecting a child shortly after she had learned she was pregnant in February 2019.

But Mr Huang was reportedly “shocked” by the news and said he needed to consult co-manager Ms Kim.

The 32-year-old expectant mother was then forced to relocate from Taisho to the Sushinoen restaurant.

Ms Bawej asked to split her time between the two restaurants but Ms Kim “abruptly refused”. The restaurant manager then suggested Ms Bawej had her pay cut by £4,000.
‘You will be terminated’

When Ms Bawej raised pregnancy rights, Ms Kim texted her: “This is nothing to do pregnant. I am talking about your position. Do not forget. Shang tried to give you chance.

“You will be terminated from Taisho and employed in Sushinoen. Not transferred. I employed you for Taisho not for Sushinoen.

“We have already assistant manager so I do not need it and your salary is higher than normal. So I cannot afford it. It’s up to you. If you want come welcome, if not is fine.”

Ms Bawej, whose daughter Mali is now three, said she was “devastated” by the ordeal and has since given up on her hospitality career.

At the Watford Employment Tribunal, Gary Tobin, employment judge, said the use of the word “terminated” was a “threat” to Ms Bawej.
‘No proper explanation’

Judge Tobin also “resoundingly rejected” Mr Huang’s argument that she was sacked due to redundancy, which he said was a “made-up” excuse.

He said: “No other explanation fits the sequence of events or appears plausible.

“Huangs Grill has provided no proper explanation as to Ms Bawej’s dismissal.

“She was not dismissed for poor performance or misconduct as originally contended. This was not a redundancy situation as subsequently asserted.

“We can find no credible explanation as to why she was dismissed, save that this employer dismissed her because she was pregnant.”

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