Barmaid gets £11,000 for injury to feelings

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A former bar proprietor alleged to have sexually harassed a barmaid and wrongly accused her of punching someone, has been told to pay her £11,000 compensation.

Mohsien Daneshyar of Mapple House, who ran Davinci Bar and Lounge in Solihull, was told at Birmingham Employment Tribunal to pay the award to Natalie Gibson for injury to feelings.

Tribunal judge David Kearsley ordered the award after Miss Gibson made a successful compensation claim for sexual harassment against the firm and Mr Daneshyar.

She had worked at the premises for less than a year.

The firm was said to be in liquidation and Mr Daneshyar denied the allegations and opposed the compensation claim.

Miss Gibson accused Mr Daneshyar of putting his hand on her thigh on three occasions.

She also alleged he told her she was sexy, that he loved her and called her a name, which meant “flower” in Lebanese.

Miss Gibson said she felt violated by Mr Daneshyar’s actions and went on sick leave.

The tribunal was told that after returning to work there was an incident at the premises when a visitor was punched in the face and left semi conscious on the floor.

The police were notified and Miss Gibson complained Mr Daneshyar said she had assaulted the visitor.

Miss Gibson accused Mr Daneshyar of telling the police ”she had a good fist on her”.

Later Miss Gibson was dismissed without notice.

The tribunal was told that a man has since been convicted of assaulting the visitor.

Mr Kearsley said the case depended on the credibility of the witnesses.

“Mr Daneshyar was inconsistent with his evidence while Miss Gibson gave clear and compelling evidence,” he said.

“Miss Gibson’s dignity was violated and she was involved in an aggravated and engineered situation.”

Mr Kearsley said the compensation expected was about £6,000, but because the case was exceptional because of the incriminating allegations against her he was awarding Miss Gibson £11,000 for injury to feelings.

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