Jody Harrison

The (Glasgow, Scotland) Herald

GLASGOW, Scotland — A teenage waitress who was told to wear a skirt and makeup so she would be "easy on the eye" for customers won her sex discrimination claim.

Erin Sandilands, 18, was taken aside by a manager at Cecchini's bistro in the Scottish port town of Ardrossan and told to look more feminine "for the punters," or restaurant patrons.

After she complained, the student — who was working on call as needed — was later told that her services were no longer needed, despite having previously been offered a full-time position.

Sandilands was awarded £3,500, or $4,732, for the injury to her feelings and lost wages after a judge at an industrial tribunal — which according to a United Kingdom government website, "makes decisions in legal disputes around employment law" — found her evidence to be "entirely credible"

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Sandilands said, "I'm delighted with the result of the tribunal. I did not think that it would be that successful. I was quite reluctant to go to a tribunal, because I had never done anything like that before.

“I would just like people to know what sort of business they are. It’s not an establishment I’d like other girls to work at.”

According to testimony at the tribunal, Sandilands began working at the restaurant in September. She was initially told that the dress code was black trousers or a skirt, and a black shirt.

But a month later, her manager approached her in a narrow hallway and asked her to start wearing a skirt and to wear her hair down, along with makeup, to make her more attractive to customers.

She asked what difference her appearance made to her duties, pointing out that as she was handling food it made more sense to tie her hair back.

The student did not receive a reply, but received a phone call the next day to be told that she would not be offered more shifts, even though the restaurant was heading into a busy period and had hired a new member of staff.

A friend of hers who also worked at the restaurant and testified on her behalf, recently had her hours increased.

The teenager said she initially decided to let the matter rest, but later changed her mind and launched her legal fight on the advice of her partner’s father, an employment lawyer.

She said: “When it happened it was completely unnecessary. I was dressed smartly and was wearing the uniform as it had been described to me.

“They said I should wear a skirt and makeup and ... be more feminine. They said that the punters would like that. I felt utterly humiliated and upset.

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“I argued that I was dressed smartly, but the very next day I found out I wouldn’t be getting any more shifts. It made me very angry.”

According to the written judgment, tribunal Judge Claire McManus found the manager's comments amounted to discrimination toward Sandilands because she was a woman, as he would not have made them to a male employee.

The judgment also found that his conduct amounted to harassment as it contributed to a “degrading and humiliating” working environment, and awarded the 18-year-old £2,500, or $3,380, in compensation for the injury to her feelings and £1,060, or $1,433, in lost wages.

Sandilands is still waiting for the compensation to be paid, and intends to pursue the case in a higher court if she does not receive the award.

She also said the episode had shaken her confidence and she now feels uneasy if she does not wear a skirt or makeup to her new job.

Anthony Cecchini, owner of the restaurant, said: “The allegations (made in the tribunal) are untrue, and we intend to appeal this decision.”

Follow Jody Harrison on Twitter: @JodeHarrisonHT