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A receptionist at a dental hospital wins unfair dismissal case (10 May 2013)

Date: 10/05/2013
Duncan Lewis, Legal News Solicitors, A receptionist at a dental hospital wins unfair dismissal case

Rachel Carr, 28, a dental surgery receptionist who was threatened by her former boss with sack for eating an apple at the desk has sued her former employer.
She was reprimanded by her managers at the Smile By Smile dental surgery in Sutton Coldfield, West Midlands, for having an apple while she worked.
She claimed that she was hounded out of her job, leaving last September after her health deteriorated as a result of 'double standards' at the practice where she said that her manager would snack on chocolate nearby.
She claimed she had received a written warning for her eating habits and was accused of hiding in the equipment sterilisation room at the surgery and packing her bag to leave too early before the end of her shift.
But now she is on line to be paid thousands of pounds in compensation after she successfully claimed constructive and unfair dismissal at an employment tribunal in Birmingham.
Rachel, who now works at another practice and represented herself in court, said it was ridiculous the apple was cut into slices and in a beaker and she had just taken a bite now and then.
She added she wouldn’t mind, but one of the partners used to eat Cadbury mini-eggs in reception.
She said though she represented herself not knowing how it worked she was glad the system worked.
They were after her but now she could show people that they didn’t have to sit there and take it but could do something about it.
Miss Carr said that she rarely left on time and that the allegations that she packed her backs too early were untrue.
She says that the situation eventually forced her to quit her job when she became ill and collapsed. She walked out because the situation was making her feel ill and she could not take it anymore.
She said she couldn’t stand by and watch her bosses get away with it as it had made her life hell.
Rachel told the tribunal that she had never received any complaints about her conduct in the five years she had worked at Smile By Smile.
But she said that the situation changed when new bosses came in and brought their own rules with them.
The private dental surgery claimed that they had concerns about Ms Carr's ability to 'follow procedure', and gave her a final warning for misconduct after they alleged that she was taking personal calls on her mobile and looking at Facebook during working hours as well as eating an apple.
Smile for Smile are appealing the decision.
Smile to Smile dental surgery last night said they were planning to appeal the tribunal decision.
Spokesman Dr Peter Patel said the partners had read the judgment and were taking legal advice for an appeal.

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