The Black Forest case has been decided, and our chef won her case hands down, in a massive victory.
The Court decided that she had been "substantively" unfairly dismissed and that a second charge of Wrongful Dismissal was also upheld.
We are hugely delighted for our chef Victoria Barker, who now stands to gain a substantial compensation award when we have the remedy hearing in September.
The case has highlighted many issues with the lack of training and qualifications needed to ensure good allergen practice. During the case, we have seen Unichef vocal to both the local EHO and the FSA over the lack of transparency in Allergen responsibility.
The Employer had held that the Chef had sole responsibility In recording allergen information and ensuring allergen safety.
Unichef fought this vigorously, knowing that a part-time chef could not be held responsible for what happened during her absence from the workplace and that the line management was indeed the custodial guardians of all health and safety systems and practices within the unit. Simply passing the buck was never acceptable.
We did everything possible to mediate with the Employer. Still, he refused to see reason and the impossible odds against him winning the case, once again, pride and sexist ignorance overtook common sense.
We also had the pleasure of winning against the toughest of all HR solution companies, Peninsular, who dominate our industry with HR advice and protection to employers at high cost.
This has been a very long and exhausting case, which has tested Unichef to its fullest.
A year's work of meticulous planning has brought success on a massive scale, with the judge fully vindicating Chef Victoria on every count.
The Employer, Orange Care -Grange Lea ltd had fabricated allegations that could not be proven, destroyed evidence and even tried to deceive the court in a trial that astonished the judge with the careless audacity that they had in even defending the case against the huge and overwhelming arguments that Unichef put forward on Chef Victoria's behalf.
This was truly a case that should never have come to Court but for the narcissistic attitude of its Director, who simply wanted to destroy a loyal and conscientious employee of 5 years’ service. His folly will now cost him dearly.
Once again, the National Chefs Union has stood by its member all the way and will do so again when our chefs are so clearly victimised as Victoria was. Victoria is a wonderful person and a hard-working chef, and we are delighted that she now has the chance to rebuild her life
This is yet another massive victory for Unichef and shows the power that the National Chefs Union can have against dreadful employers when Chefs dare to stand up. You can now read the full transcript of the Judgement here.
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