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Waitress who claimed she was groped by her boss is awarded £60,000 payout
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10 July 2008
Payout: Waitress Jane Price, 35, won £60,000 in a sexual harassment tribunal
A waitress who exposed her breasts to colleagues has won £60,000 after claiming she was sexually harassed.
Jane Price, 35, was happy to oblige when other restaurant staff asked for a glimpse of her surgically enhanced chest, an employment tribunal heard.
But her manager saw her apparent lack of inhibitions as an excuse to force her on to a sofa and put his hands up her top while trying to kiss her.
When she complained to the owner of the restaurant, he sacked the £15,000-a-year waitress by text message.
Mrs Price was groped by her boss Peter Tunney after he learned she had had breast enhancement surgery to combat a hormone deficiency when she was 21.
Mr Tunney, 43, asked to 'inspect' the results and began a campaign of sexual harassment against Mrs Price.
She told the tribunal she was devastated when she complained to restaurant
owner Alex Psaras - Mr Tunney's brother-in-law - and was sacked by text two days later.
The message read: 'I think it is best you don't come back to work.'
Mrs Price said: 'To get a text of this nature made me feel worthless, unimportant and like I didn't matter.'
The tribunal heard there was a charged atmosphere at the Steak and Omelette Bar in Plymouth, with the mainly young staff engaging in banter that ranged from 'the mildly flirtatious to overtly sexual'.
Mr Psaras claimed Mrs Price played an active role. He said: 'Jane was flirtatious and always making sexual innuendoes. She would sit on the chef's lap and ask, "What's for dinner?"'
Mrs Price admitted showing her breasts to her colleagues after they learned of the cosmetic surgery.
Boss: Alex Psaras, owner of the Steak and Omelette Bar, had to pay Mrs Price £54,000 after sacking her by text
But she insisted that lots of people had asked to see her breasts out of curiosity and that she did not see it as a sexual matter.
The tribunal in Exeter heard that on October 29, 2006, 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.
He forced her on to a sofa and kissed her while putting his hands up her jumper.
Mrs Price felt humiliated, but did not report the attacks for more than two months because Mr Tunney acted in a 'bullying and intimidatory' manner, the tribunal heard. Mr Tunney denied both incidents.
Mrs Price successfully claimed unfair dismissal, sexual discrimination and harassment against the restaurant.
She also claimed sexual discrimination against married Mr Tunney, 43, who has since been sacked by the restaurant and did not attend the tribunal.
Jane claimed manager Peter Tunney groped her at work
Mr Psaras has been ordered to pay Mrs Price £23,741 for the harassment and £30,216 for her ' discriminatory dismissal'.
Mr Tunney was told to pay her £5,256, bringing the total damages to £59,213.
Mrs Price, who suffered posttraumatic stress disorder and agoraphobia following the abuse, is now on medication.
She said: 'I wanted some justice. Fighting for what is right is the only thing I had left. People can't be allowed to get away with behaving like that.'
Mr Psaras said: 'I sent her the most expensive text ever sent. It could ruin my whole business.'
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