Boss makes payout to bar manager upon claiming remark about her 'Aryan' appearance

In a landmark ruling, employment judge Shona MacLean has determined that Sky Sinclair, a former bar manager at The Old Toll Bar in Glasgow, was unlawfully discriminated against due to race-related remarks made by her employer, Ahmed Magdy Soliman.

Sky Sinclair, whose ethnicity or race was not specified in the case, worked at the bar until her sudden dismissal in July 2023. Soliman, a businessman who took over the business in 2021, had made several inappropriate comments towards Sinclair, including referring to her as "very Aryan" due to her blue eyes and blonde hair, and asking her if a coffee she bought was for him, to which he responded, "Oh yeah, forgot you like white people better."

Upon learning about these comments, Judge MacLean found that Soliman's remarks put Sinclair "in a difficult position." The tribunal also concluded that Sinclair was discriminated against and awarded her more than £2,000 for injury to her feelings.

Sinclair's dismissal was deemed unfair by Judge MacLean, who suggested that the decision was predetermined to avoid Sinclair acquiring statutory rights. Soliman had claimed that Sinclair had not been employed for two years and that her dismissal was due to poor sales performance. However, Sinclair was awarded more than £14,000 for the unfair dismissal claim.

In addition to the discrimination and unfair dismissal awards, Judge MacLean also awarded Sinclair £2,000, plus interest, for injury to her feelings. Soliman's comment about Germany, where Sinclair had no connection, was also found to be offensive and left Sinclair feeling uncomfortable.

Following her dismissal, Sinclair was unexpectedly removed from the staff group chat by June 2024, at the age of 34. Sinclair felt that Soliman was deriving satisfaction from her discomfort, making her job at the bar an increasingly uncomfortable and hostile environment.

This case serves as a reminder of the importance of creating a workplace free from discrimination and harassment. Employers are urged to take steps to ensure that their employees are treated fairly and respectfully, and that any incidents of discrimination or harassment are addressed promptly and appropriately.

Boss makes payout to bar manager upon claiming remark about her 'Aryan' appearance