[UK] Hotel employee sent to cupboard to complete payroll ‘under pressure’ wins £200k

In the UK, a worker at a five-star hotel has been awarded more than £200,000 after being put in a cupboard and made to complete the business’s payroll, Telegraph reports.

An employment tribunal heard that Roberta Ghiotto was instructed to process the payroll in three days, “under pressure” with no training, in a cupboard, after she had struggled to focus in the office.

Ms Ghiotto, who reportedly has ADHD, was left in tears after being told that she would not pass her probation period at the Oxford hotel if she failed to complete the task.

She was subsequently sacked despite telling her boss that her ADHD made detail-oriented work harder.

An employment tribunal in Reading ruled that Ms Ghiotto had been “set up to fail”, and agreed with her disability discrimination claim, awarding her £200,252 compensation.

Ms Ghiotto began working at the five-star Hawkwell House Hotel in Oxford, run by Accor Group, as a talent and culture coordinator from October 2023 until her dismissal in March 2024. The group operates approximately 6,000 hotels worldwide.

She was hired as maternity cover and reportedly referred to HR despite having no formal HR qualifications or experience.

According to Ms Ghiotto, around 25 per cent of the job involved running the payroll, which she found difficult. She made her bosses, including the hotel’s general manager, aware that she had ADHD and struggled with very detail-oriented tasks.

She told the tribunal that he had taken an instant dislike to her and was “prejudiced” against her. He later admitted thinking that Ms Ghiotto was trying to be “deliberately insubordinate”.

The general manager, Anuj Sagar, reportedly decided to extend her initial three-month probation period by another three months because she had made errors in her payroll tasks.

He then instructed Ms Ghiotto to focus solely on her payroll duties for three days in February 2024 in a separate room: a former cupboard without a telephone or a window.

She told the tribunal that she found the task stressful, sought help from one of the accountants, and asked for an extra day to do it, concerned that she would not pass her probation.

Following a meeting with Mr Sagar to discuss the length of time the payroll took, she told him that she had ADHD. When he later queried whether she had been diagnosed, she said not formally.

Mr Sagar claims a consultant advised that he could dismiss Ms Ghiotto, sending a letter of dismissal in March 2024 based on her failure to perform to the required standards during the probationary period.

Employment judge Akua Reindorf KC reportedly ruled that Ms Ghiotto did have ADHD, despite not being diagnosed, and Mr Sagar was aware of this. The judge added that he sought advice about ADHD and decided that because she did not have a diagnosis, he could fire her.

The judge said, “Mr Sagar asked whether [Ms Ghiotto] had a formal diagnosis. When she said she did not, he asked whether the condition had been entered on her ‘charts’ and if so whether it was ‘clear’.

“In light of this line of questioning, we think it more likely than not that in his telephone call to [consultants] the previous day, Mr Sagar had been advised to find out whether [she] had a diagnosis, and told that if she did not he could dismiss her.

“We consider it likely that this advice was given on the mistaken basis that a diagnosis is necessary before a condition can be classified as a disability under the EqA [Equality Act].

“The intention, therefore, was to dismiss [her] because she had ADHD in the belief that she was not protected by the EqA. Moreover, Mr Sagar was aware that the advice was given for these reasons.”

The judge reportedly stated that the task of completing the payroll was set up by Mr Sagar to make Ms Ghiotto “fail” because the room was not a “suitable work space”.

Source: Telegraph

(Quotes via original reporting)

In the UK, a worker at a five-star hotel has been awarded more than £200,000 after being put in a cupboard and made to complete the business’s payroll, Telegraph reports.

An employment tribunal heard that Roberta Ghiotto was instructed to process the payroll in three days, “under pressure” with no training, in a cupboard, after she had struggled to focus in the office.

Ms Ghiotto, who reportedly has ADHD, was left in tears after being told that she would not pass her probation period at the Oxford hotel if she failed to complete the task.

She was subsequently sacked despite telling her boss that her ADHD made detail-oriented work harder.

An employment tribunal in Reading ruled that Ms Ghiotto had been “set up to fail”, and agreed with her disability discrimination claim, awarding her £200,252 compensation.

Ms Ghiotto began working at the five-star Hawkwell House Hotel in Oxford, run by Accor Group, as a talent and culture coordinator from October 2023 until her dismissal in March 2024. The group operates approximately 6,000 hotels worldwide.

She was hired as maternity cover and reportedly referred to HR despite having no formal HR qualifications or experience.

According to Ms Ghiotto, around 25 per cent of the job involved running the payroll, which she found difficult. She made her bosses, including the hotel’s general manager, aware that she had ADHD and struggled with very detail-oriented tasks.

She told the tribunal that he had taken an instant dislike to her and was “prejudiced” against her. He later admitted thinking that Ms Ghiotto was trying to be “deliberately insubordinate”.

The general manager, Anuj Sagar, reportedly decided to extend her initial three-month probation period by another three months because she had made errors in her payroll tasks.

He then instructed Ms Ghiotto to focus solely on her payroll duties for three days in February 2024 in a separate room: a former cupboard without a telephone or a window.

She told the tribunal that she found the task stressful, sought help from one of the accountants, and asked for an extra day to do it, concerned that she would not pass her probation.

Following a meeting with Mr Sagar to discuss the length of time the payroll took, she told him that she had ADHD. When he later queried whether she had been diagnosed, she said not formally.

Mr Sagar claims a consultant advised that he could dismiss Ms Ghiotto, sending a letter of dismissal in March 2024 based on her failure to perform to the required standards during the probationary period.

Employment judge Akua Reindorf KC reportedly ruled that Ms Ghiotto did have ADHD, despite not being diagnosed, and Mr Sagar was aware of this. The judge added that he sought advice about ADHD and decided that because she did not have a diagnosis, he could fire her.

The judge said, “Mr Sagar asked whether [Ms Ghiotto] had a formal diagnosis. When she said she did not, he asked whether the condition had been entered on her ‘charts’ and if so whether it was ‘clear’.

“In light of this line of questioning, we think it more likely than not that in his telephone call to [consultants] the previous day, Mr Sagar had been advised to find out whether [she] had a diagnosis, and told that if she did not he could dismiss her.

“We consider it likely that this advice was given on the mistaken basis that a diagnosis is necessary before a condition can be classified as a disability under the EqA [Equality Act].

“The intention, therefore, was to dismiss [her] because she had ADHD in the belief that she was not protected by the EqA. Moreover, Mr Sagar was aware that the advice was given for these reasons.”

The judge reportedly stated that the task of completing the payroll was set up by Mr Sagar to make Ms Ghiotto “fail” because the room was not a “suitable work space”.

Source: Telegraph

(Quotes via original reporting)