Barber who fired woman for 'phoning in sick on Mondays' told to pay £3000 in compensation
A salon owner who fired a woman for calling in sick on Mondays has been ordered to pay over £3,000 in compensation after a tribunal ruled she was unfairly dismissed.
An employment judge found that Christian Donnelly had failed to follow a "fair process" when firing Celine Thorley, 25, from Cardiff, who really was ill.
The tribunal heard that Ms Thorley hosted a Halloween house party on the last weekend of October 2021.
She told Mr Donelly, who ran Acute Barbers in Cardiff University Students' Union, on the Monday morning that she could not get out of bed because her stomach was "killing" her.
Mr Donnelly replied that he was sacking her after "four years of phoning in sick on Mondays because you’d had a good weekend".As a result, an employment judge ordered Mr Donnelly, 39, to pay Ms Thorley a total of £3,453 after ruling she was genuinely ill.
Mr Donnelly, who has since closed the salon, said he stood by the decision because there was a "pattern" of Ms Thorley calling in sick on Mondays.
He accepted he should have gone through the correct process, including written warnings, but said he doesn't know how he is going to be able to afford the compensation. Employment Judge, Roseanne Russell, found that Ms Thorley had a "physical impairment" from menorrhagia - the medical term for heavy periods. Upholding a claim of unfair dismissal, she said Mr Donnelly had not given formal warnings.
Speaking after the conclusion of the tribunal, Mr Donnelly said he felt "no bitterness" towards Ms Thorley.
Mr Donnelly closed down the shop in the Students' Union "pretty much immediately" after sacking Ms Thorley and said his remaining shop has been struggling since the pandemic.
He said he sold his car so he could pay £700 for two hours of legal advice before the tribunal, in which he represented himself because he could not afford a solicitor.He is also is hoping to set up a long-term payment plan, adding that he is "living off credit cards" and that the employment judge did not take his financial struggles into account.
Mr Donnelly said: "Even if it was £500 I would have struggled to pay it. I was broke then and I'm even more broke now."Ms Thorley was approached for comment.