Gross Misconduct

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By David Grundy & Nathan BevanBBC Wales news

Two Pizza Hut workers were sacked for Speaking Up about being sexually harassed, an employment tribunal ruled.

Kailam Fearn and Sian Murphy were dismissed for Gross Misconduct in June 2021 after complaining about two managers at two Neath Port Talbot branches of The Franchise .

They also voiced concerns about racist, misogynistic and transphobic behaviour.

Pizza Hut said it took the incidents seriously and has processes it expects franchises to follow.

Ms Murphy , 28, from Resolven, was sexually harassed by Neath store manager Rhys Stephens, Who Said her nipples were " like cut diamonds" when she was in the cold store.

He also said " she shouldn't bend down like that in front of men" when she picked something off the floor.

Mr Stephens said comments were " jokes" and " banter" and also used homophobic slurs against a gay colleague.

Mr Fearn, 27, also from Resolven, worked at the Port Talbot store and was sent a Snapchat photo by area manager Dean Green which showed him in the bath watching The Store 's CCTV on his Mobile Phone .

Mr Green also told Mr Fearn he had " sexy legs" and asked if he wanted a threesome.

Green referred to a transgender staff member as " it" and called a foreign-born employee Barry, saying he had " no obligation to learn How To say his real name".

The tribunal ruled franchise owners Salamaan and Javeria Rasul of S& J Enterprises Wales Ltd did not reprimand either manager and " simply accepted their denial of events".

The tribunal ruled that neither Mr Fearn nor Ms Murphy had been given proper employment contracts.

It also ruled Ms Murphy was wrongfully dismissed for Gross Misconduct , with stealing, poor performance and breaching Social Media policy being the reasons given.

Ms Murphy had proof she paid for a bottle of water she was accused of taking, while her poor performance amounted to selling an out-of-date salad to a customer.

She was also told that using her personal phone at work was unacceptable despite The Company expecting staff to track pizza orders and join its work WhatsApp group, while the disparaging Social Media comments she was accused of were made in a private WhatsApp chat.

When Mr Fearn complained to Mr Rasul he was told it would be investigated, but instead he was suspended and removed from The Company WhatsApp group and as an admin on The Store 's Facebook page.

At his disciplinary hearing he was informed he was to be dismissed for Gross Misconduct for stealing food, leaving The Store unattended and using his personal Mobile Phone .

When the case progressed to the tribunal, Mr Rasul Falsely Accused Mr Fearn of encouraging a vulnerable person to sell intimate footage of themselves online.

Mr Fearn was suspended from his duties as a special constable during an eight-month police investigation, which cleared him of any wrongdoing, and the tribunal heard he was " traumatised" by The Experience .

Tribunal chairman Samantha Moore said Salamaan and Javeria Rasul made the false allegations in " retaliation" for Mr Fearn pursuing them for unfair dismissal.

The tribunal found that both complaints about wrongful dismissal and sexual harassment were successful.

A Pizza Hut UK and Europe spokesperson said: " We Are aware of the outcome of the tribunal regarding franchisee S& J Enterprises Wales Limited.

" We take these incidents very seriously and have strict processes in place that we expect all our franchisees to follow, however with the appropriate authorities involved, we will not be commenting further. "

Judgement on what compensation Mr Fearn and Ms Murphy should receive has been scheduled for next year.

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Source of news: bbc.com