A cashier at one of Britain's biggest casinos has won £75,000 after an employment tribunal ruled that colleagues excluding her from a work night out was victimisation. Rita Leher claimed she felt 'shunned' by colleagues and was the only one not invited to cocktail bar Las Iguanas for drinks.
Fellow cashiers even 'insensitively' organised the social event in front of her, the tribunal heard. Now, the 51 year old has been awarded £74,113 after a tribunal judge ruled that deliberately excluding a colleague from work drinks amounts to victimisation.
Excluding an employee is a 'detriment at work' as they 'lose the opportunity to bond with colleagues', Employment Judge Sarah Moor said in her ruling. Ms Leher, who is of mixed black African heritage, also won claims of unfair dismissal, race and age discrimination.
The East London tribunal heard Ms Leher began working at Aspers casino in the Stratford Westfield Centre in northeast London in November 2011. The 'super casino' - which is the second biggest casino in Britain - employs around 560 staff and is open '24 hours a day, 364 days a year'.
Ms Leher worked as a cashier on the casino's cash desk. The panel was told she had around 22 years experience working in the 'gaming industry' when she joined, including as a dealer on gaming tables in 'high-end' London casinos and as the manager of a betting shop.
Ms Leher was initially paid £23,500 a year - more than any other cashier - due to her vast experience, and was the casino's longest-serving cashier at the time of her resignation. She was also selected in 2015 to work on a 'VIP cruise' due to her good rapport with customers, and had received many accolades and compliments.
The tribunal heard she had seen 'numerous' cash desk colleagues promoted over the years, none of whom were black or or mixed heritage and all of whom were younger than her. However, despite her favourable position, the hearing was told she had been repeatedly rejected or even ignored after applying for higher positions within the company.
Ms Leher was also keen to improve, and frequently applied for additional training. In one such instance in May 2017, she emailed a boss to put herself forward for a refresher training course on the gaming tables, which includes games like Blackjack, Poker and Roulette.
She highlighted two days off in her email, implying she would be available to do the training on those days. But Ms Leher received no response, whilst a white colleague had a request for the same training granted at the same time.
A year later the tribunal heard she raised a grievance concerning a breach of Equality and Diversity policy, but gave no details. This grievance was dismissed, and she was signed off in August 2018 due to stress.
In October - whilst still off sick - she raised another grievance alleging she had been victimised, harassed and bullied since raising her first grievance. A month later she began a phased return to work, but was 'shunned' and 'ignored' by colleagues on the cash desk as part of what was described as an 'uncomfortable' atmosphere.
In December, the tribunal heard colleagues on the cash desk discussed the prospect of going to Latin American restaurant chain Las Iguanas for drinks - but Ms Leher wasn't invited. A tribunal report said: "She was the only one in the room not included.
"This was not a formally organised works drink, but we [the panel] all consider it was a drink among work colleagues to which Ms Leher would normally have been invited. We all agree it was at the very least insensitive to discuss the arrangements in front of her when she was not invited.
"We all conclude that this exclusion was because she had complained of discrimination. While working relationships were relatively amicable, the team did not wish to socialise with someone who had complained of discrimination.
"This was a way to make their displeasure over the complaint felt."
She went back off work with stress at the end of December, and launched tribunal claims in February. Whilst discussing a return to work it was suggested Ms Leher work in an alternative area, such as on the gaming tables.
It was suggested she do six weeks' training for this, which was considered an 'insult' to someone as vastly experienced as Ms Leher. She resigned in April after feeling 'belittled', 'demeaned' and 'insulted' by the suggestion.
Judge Moor ruled that being excluded from work drinks puts employees at a 'disadvantage'. Ruling on the victimisation claim, Judge Moor said: "We unanimously agree that being excluded from discussions at work about a social occasion amongst colleagues when one would normally be included would subject an employee to a detriment at work.
"A reasonable employee would consider that such exclusion was to their disadvantage because they had lost the opportunity to bond with colleagues on that social occasion. The occasion was sufficiently linked to work by the fact that it was amongst work colleagues and was discussed about at work and would provide the opportunity for team bonding.
"We unanimously agree that this was because Ms Leher had complained about victimisation."
Ms Leher won £74,113.65 in compensation for injury to feelings and loss of overtime for her successful claims of unlawful victimisation, unfair dismissal, race and age discrimination. Other similar claims of victimisation, harassment and race and age discrimination failed.
