Insensitive management drives couple to claim double tribunal success
14 July 2004
A former husband and wife management team of a Southampton pub have won an undisclosed settlement for constructive dismissal at an employment tribunal.
Additionally, the husband, Mr Charles Coady, won a further settlement for a disability discrimination claim as he battled with depression, heart problems, apnoea and breathlessness during nearly a year’s suffering from insensitive mismanagement.
An employment tribunal in Liverpool last week found that area manager, Mr Steven Worrall and his team assigned by the now Spirit Group Retail Ltd, failed to act responsibly in supporting the couple during Mr Coady’s illness and had not protected their health and safety adequately.
Charles and Kay Coady (known as Nicky Battersby) moved down from Manchester in May 2001 to become joint-managers of the then Scottish and Newcastle owned pub, The Stile, 163 University Road, Highfield.
The then unmarried couple made a good start until problems involving staff and management led to depression, leaving the couple with no alternative than to resign in March 2002.
The couple reported their grievances to the Southampton office of the Transport and General Workers Union (TGWU) in May 2002. Moving back up to Manchester, the TGWU then instructed employment lawyer Sadiq Vohra of MWR Solicitors in Preston, to act on the Coady’s behalf.
Charles Coady, who is now married to Kay and lives in Manchester, said: “We were delighted at the result of the case. This has been a long hard struggle and has been emotionally, physically and mentally draining. The whole episode can only be described as on par with a messy divorce.
“We never thought that such a large company as Scottish & Newcastle with all there resources such as Area Managers, HR personnel and occupational Health would just abandon you when your health deteriorates.
“They were only interested in the pub being open and the till ringing and not the people that enables this to happen. Their options seemed to be ‘it’s our pub but you’re the manager, just get on with it and we don't care how or what it does to you,” added Charles.
“My wife and I would like to take this opportunity to thank the following people for all there help and care during this difficult time - Rose Keeping of TGWU, Sadiq Vohra MWR Solicitors and Katie Nowell, Barrister of St John’s St Chambers in Manchester.”
Sadiq Vohra said this should serve as a further warning to insensitive employers: “Employees are owed a duty of trust and confidence by employers. Any serious breach of this duty can justify a Constructive Dismissal claim, which effectively means that the employee can leave the job and treat him or herself as unfairly dismissed.
to also make reasonable adjustments to enable them to carry on working. Such failures can lead to awards of compensation including compensation for injury to feelings and subsequent injury.”
Problems began in November 2001 when the Coady’s request to close the pub over Christmas for urgent refurbishment work was not granted by Mr Worrall.
A month later Charles Coady suffered a suspected heart attack, leaving his wife in sole charge of the busy student venue.
Mr Worrall’s assistant, Ms Watson, acknowledged this in writing before meeting with Mrs Coady about the suspension of assistant manager from duty at the pub.
Ms Watson questioned how Mrs Coady would cope running the pub on her own, insisting ‘the pub comes first’.
Mrs Coady asked Mr Worrall numerous times for additional management assistance leading up to Christmas.
As the staffing issue rumbled on unresolved, Mr Coady’s condition deteriorated necessitating an operation, prompting Mrs Coady to ask Mr Worrall for reduced working hours, as the university term had finished.
Mr Worrall agreed that if trade was low at 7pm, the pub could be shut. After ringing him a few times, Mrs Coady closed early to which Mr Worrall did nothing about.
With still no managerial assistance forthcoming, Mr Coady returned to the pub in January 2002 with medical instructions to ease himself back in work. Soon after, the pub’s chef and another bar member both left, heaping more pressure on the Coady’s.
Mrs Coady told Mr Worrall that they would be shutting the kitchen, to which he responded that this would be a risk to the business – again confirming the ‘pub comes first’ attitude.
In early February, the Coady’s were called to a disciplinary hearing regarding unacceptable stock takings despite Mr Coady’s ill health, lack of staff assistance and lull in trade due to university holidays.
The hearing was scheduled at the same time and location as Mr Deadman’s, ensuring all parties would meet again. It was deemed Mr Worrall did not give due consideration to the Coady’s circumstances in his address at the hearing. No minutes of this meeting were recorded.
By February 2002, Mr Coady became unfit to work due to depression, which combined with his heart trouble and operation meant he was classed as disabled, something which Scottish & Newcastle did not acknowledge.
Weeks later, Mrs Coady also left work because of depression. A relief manager was dispatched by Mr Worrall’s team and was told he could stay with the Coady’s in their flat above the pub.
Later in March 2002, the Coady’s felt no other alternative but to tender their resignation and returned home to Manchester to get married - but still the saga was not over.
Another member of Mr Worrall’s team, Ms Quigley, aggressively pursued the Coady’s to arrange an exit meeting to clarify the reasons for their departure, despite their ill-health and marriage plans.
In late 2002, a claim was issued for constructive dismissal for the Coady’s and a disability discrimination claim under the 1995 Disability Discrimination Act.
