A former Zara worker who claimed she was falsely accused of theft because she is transgender has lost her case for discrimination and victimisation.
Robyn Brindley was a sales assistant at the fashion giant’s Dundee store and claimed she was bullied and targeted by the store manager due to her background.
The 26-year-old, from Dundee, claimed she was treated differently to other women working at the shop, which led to her suffering stress and anxiety while she was transitioning.
However, an employment tribunal has now found that the manager in fact dealt with her that way due to her being difficult and behaving inappropriately at work.
In a written judgment, employment judge Alexander Kemp said: “The tribunal did not consider that the claimant had provided sufficient evidence of primary facts from which the inference of direct discrimination because of the protected characteristic of being a transgender woman could properly be made.”
The tribunal heard that Ms Brindley began working at the Dundee store, which has since closed, in 2015.
She felt that store manager Pauline Russell was aggressive, rude and harsh towards her.
Last summer, the worker was clearing out perfumes and put an empty bottle in her pocket as she had too many to carry. She forgot about it and as she was leaving the building, it was picked up by the security system. Ms Russell sent her home and she was later suspended.
The tribunal accepted that Ms Brindley was not guilty of theft, but found that the way Ms Russell dealt with it was not discrimination.
Judge Kemp added: “Putting it very simply, Ms Russell was managing an employee who... could on occasion cause a difficulty by what she did, not being where she should be when she should be, or not acting in an appropriate manner, in all of which circumstances Ms Russell sought to correct the behaviours.”
Why are you making commenting on The Herald only available to subscribers?
It should have been a safe space for informed debate, somewhere for readers to discuss issues around the biggest stories of the day, but all too often the below the line comments on most websites have become bogged down by off-topic discussions and abuse.
heraldscotland.com is tackling this problem by allowing only subscribers to comment.
We are doing this to improve the experience for our loyal readers and we believe it will reduce the ability of trolls and troublemakers, who occasionally find their way onto our site, to abuse our journalists and readers. We also hope it will help the comments section fulfil its promise as a part of Scotland's conversation with itself.
We are lucky at The Herald. We are read by an informed, educated readership who can add their knowledge and insights to our stories.
That is invaluable.
We are making the subscriber-only change to support our valued readers, who tell us they don't want the site cluttered up with irrelevant comments, untruths and abuse.
In the past, the journalist’s job was to collect and distribute information to the audience. Technology means that readers can shape a discussion. We look forward to hearing from you on heraldscotland.com
Comments & Moderation
Readers’ comments: You are personally liable for the content of any comments you upload to this website, so please act responsibly. We do not pre-moderate or monitor readers’ comments appearing on our websites, but we do post-moderate in response to complaints we receive or otherwise when a potential problem comes to our attention. You can make a complaint by using the ‘report this post’ link . We may then apply our discretion under the user terms to amend or delete comments.
Post moderation is undertaken full-time 9am-6pm on weekdays, and on a part-time basis outwith those hours.
Read the rules hereLast Updated:
Report this comment Cancel