Victory for waitress sacked by text after complaining that manager asked to inspect her boob job

A waitress who endured the drunken fumblings of her restaurant manager could win £100,000 compensation.

Jane Price, 35, was working at a steak bar when she attracted the unwanted attention of Peter Tunney.

In one incident, he forced her on to a sofa and felt her breasts while trying to kiss her.

When she finally summoned the courage to complain to the owner, he sacked her by text message.

An employment tribunal hearing last week ruled Mrs Price had been the victim of sex discrimination.

She is claiming £100,000 but the tribunal will decide in June how much she will be awarded.

Mrs Price, of Billacombe, Devon, said she took legal action as an example to other women suffering from sexual harassment and discrimination in the workplace.

She explained she felt "completely degraded" when Mr Tunney ogled and touched her breasts.

She had had breast enhancement surgery on the Health Service to combat a hormone deficiency and still felt self-conscious about her 30C bra size.

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The tribunal in Exeter heard the harassment began on October 29 2006 when Mr Tunney lunged at Mrs Price and tried to kiss her after a long day at work.

Four days later Mr Tunney, who the tribunal heard has a serious alcohol problem and has been involved in similar incidents with other women, tried again.

This time he grabbed her, forced her on to a sofa and kissed her while putting his hands up her jumper and groping her breasts.

Mrs Price felt humiliated but didn't report the attacks for more than two months because Mr Tunney acted in a "bullying and intimidatory" manner, the tribunal heard.

She finally broke down and told restaurant owner Alex Psaras, also Mr Tunney's brother-in-law, about the intimidation.

One day later she received a text message from Mr Psaras saying: "I think it's best you don't come back to work.

"I didn't like the way you conducted the situation. You left a bad feeling and it won't be long before you do it again."

Mr Tunney, who was sacked himself in August 2007, was "struck out" from defending the claim because he refused to comply with court deadlines. In a statement read at the hearing, he denied both incidents.

The tribunal decided the Steak and Omelette Bar in Plymouth had to bear "substantial responsibility" for the discrimination because it was aware Mr Tunney had a drink problem and acted "inappropriately and inexcusably" towards female staff.

Mrs Price, who suffered post traumatic stress disorder and agoraphobia following the abuse, is on medication and seeing a psychiatrist.

Both Mr Psaras and Mr Tunney declined to comment on the case.

Mrs Price's solicitor, Stephen Hone, said the restaurant owners had "behaved appallingly".

He said: "I've never heard of someone being sexually assaulted then sacked for complaining about it.

"We're extremely pleased with the judgment and hope that it will encourage others who may have suffered similar ordeals to come forward."