A West Midlands-based dental surgery receptionist has won a constructive dismissal case against her employer, after she was given a written warning for eating at her desk.
Rachel Carr received the warning regarding her eating habits from her managers at the Smile by Smile dental surgery in Sutton Coldfield.
She was also accused of using Facebook during work hours, and packing her belongings up “too early” prior to the end of her working day. Ms Carr left the surgery after working there for five years, arguing that the practice bosses were “gunning for her”, and that the work environment had negatively impacted her health.
Ms Carr has now successfully claimed constructive dismissal at an employment tribunal in Birmingham, and could be set to receive a payout. She told Workplace Law: “It was ridiculous. The apple was cut into slices and in a beaker. I just took a bite now and then. I wouldn’t mind, but one of the partners used to eat Cadbury mini-eggs in reception.”
Representing herself at the tribunal, Ms Carr said that she was “just glad the system works.”
“They were gunning for me, hopefully, I’ve shown others they don’t have to sit there and take it. They can do something about it,” she added.
During the hearing, it was alleged that Ms Carr had forgotten to turn off the X-ray machine, and was seen taking personal calls on her mobile phone. The practice also claimed that it had concerns about Ms Carr’s ability to ‘follow procedure’.
Smile by Smile has confirmed that it is currently seeking legal advice for an appeal.