A Glasgow chef sued the owners of the Corinthian after she claims she was "forced to give up her job".
But her claims were thrown out by an employment tribunal that found her refusal to return to work after being told she couldn't have the shifts she wanted "disruptive" to the firm's business.
The woman, known only as Ms M Carrington, worked 24 hours a week over Friday, Saturday and Sunday at the Ingram Street venue as a pastry commis chef from November 2018 until lockdown hit in 2020.
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In line with government rules the business closed and she was furloughed along with other staff until restrictions began to lift in the spring of 2021 and they were asked to take part in a series of training days, ahead of the city centre venue reopening in June.
Ms Carrington later contacted the Corinthian's general manager outlining her position on the days and hours she could commit to because of family caring responsibilities.
In an email she explained: "I am absolutely still able to commit to my part time hours. However, the days I can be available are Mondays, Tuesdays and Wednesdays. I will require to stick to the originally agreed 24 part-time hours. I would ideally be open to a start time of 10am to 6pm, however I would absolutely have to finish at this time as I will have transport in place at this exact time to get me back to my caring responsibilities.”
In a Zoom call a short time later management explained to Ms Carrington that this would not be possible as the venue was to remain closed on her preferred working days, and an increase in opening hours would be dependent on business picking up. She was informed her furlough would continue for the time being.
When furlough was finally ended in September of 2021 Ms Carrington was contacted by the head chef Matthew Mills who explained that Monday and Tuesday shift were not an option as the venue was to remain closed on these days, but offered her work from Wednesday to Friday.
She rejected the suggestion, and in the weeks and months that followed, until her eventual dismissal, she was given the opportunity to work her preferred shifts at one of the company's other venues in the city centre.
However, the tribunal was told that further attempts to engage with Ms Carrington to find a solution suitable to both parties were unsuccessful and she was finally dismissed in June 2022.
The tribunal ruled the Scotsman Group, who operated the Corinthian, carried out a fair and thorough investigation, and that at each stage of the disciplinary process it engaged as fully with her as she allowed it to.
A report published earlier this month explained: "This was a serious matter for the respondent, which was disruptive to its business, which was trying to recover after the covid lockdown.
"The Tribunal therefore concludes that the claimant’s dismissal was within the band of reasonable responses available to the respondent and was not unfair."
"So far as the claimant’s claim for unpaid wages is concerned, the tribunal was in no doubt that the claimant was not ready, willing, or available to return to work after furlough ended. She made this abundantly clear by virtue of her unwillingness to engage meaningfully and timeously with the respondent, despite its many reasonable efforts to consult with her about a return to work after the end of furlough on terms that were permitted by her contract of employment.
"In the circumstances, the tribunal finds that the claimant had no intention to return to work between the end of her furlough and her dismissal and her claim for unpaid wages for that period must therefore fail."
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