After her boss waved meat in her face and insisted she eat food she was allergic to, a vegan Subway employee filed a harassment claim and was awarded £13,000.
Himanshu Lahar, Kady Reilly’s line manager, allegedly made remarks about her appearance and told her NASA should send her back to Mars when she refused to eat the food she was allergic to.
At the gas station store in Bridgeton, Glasgow, he would wave food in front of her and say, “Go on, eat it, what could happen?” telling her to “eat like a man, walk like a bull.”
The mother-of-two reportedly complained to the employment tribunal about a number of things, including how Mr. Lahar had given vegan clients dairy cheese when they were out of a plant-based substitute.
Miss Reilly was a vegan who also had allergies, therefore she always had an Epi-pen on her.
But when the franchise’s owners, RT Management Bridgeton Limited, refused to budge, Miss Reilly denounced them to Environmental Health and was promptly fired after a local council investigation.
After an employment tribunal determined that she was sacked for making the protected disclosures and that her boss’ remarks violated the Equality Act because her veganism is a philosophical stance, she is now entitled to receive close to £13,000.
She did not use any products containing animal ingredients, raised her children as vegans, participated in nonviolent protests, and raised money for animal organizations, according to the Glasgow hearing.
The panel was informed that Miss Reilly, who began working at the store in August 2020, has long-term health issues that left her exhausted and required her to take up to three days off after working.
She also questioned Mr. Lahar over the lack of Covid actions throughout the pandemic.
The panel was informed that despite being instructed to isolate for 14 days due to being recognized as a close contact of a positive case, he told one male employee to report to work.
Mr. Lahar, who was aware of her health difficulties, allegedly said different things to her during her work, including that she was being “experimented on” and was a “science experiment.”
The panel was informed that Miss Reilly carried an Epi-pen and afterwards informed Mr. Lahar of her vegetarianism.
He then allegedly made fun of her, laughed at her, and urged her to handle and consume meat.
The court was informed that she had been “shocked” by Himanshu Lahar’s casual attitude regarding allergies and the potential repercussions of taking a substance to which one has experienced a severe allergic response.
She claimed that this was the first time she had ever experienced disrespect at work.
She called the process she was going through to get a diagnosis at the time “extremely stressful.”
She called working for the respondent “a extremely bad experience” and “very stressful.”
The panel learned that despite her protests, Mr. Lahar continued to sell dairy cheese to customers who requested the vegan option and would change the dates on expired lettuce.
He also refused to toss out meatballs that had been left out for 10 hours.
Additionally, Miss Reilly said during the hearing that she felt “humiliated” since she had to discard her used sanitary goods on the forecourt of the gas station because the staff restroom lacked a trash can.
The panel was told that Mr. Lahar simply instructed her to use the kitchen trash can because she was the only woman “of menstrual age” who used the restroom.
She called Environmental Health as a result, and an inspection was conducted in September 2020.
As a result, Mr. Lamar was instructed to implement Covid procedures and supply a sanitary bin.
She questioned about the bin, Mr. Lamar reportedly told her, according to the panel.
Wasn’t that what you inquired about? Regarding the date tags, they inquired. You also inquired about that, didn’t you?
She was let go in October 2020 and informed that her probationary time had not been completed.
After that, Miss Reilly filed a complaint with the employment tribunal against RT Management Bridgeton Limited, alleging unfair dismissal, harassment, unlawful wage deductions, and a lack of uninterrupted rest periods.
She prevailed in each of her allegations, with the tribunal finding that Mr. Lamar had harassed her and that the protected disclosures she made were the main reason she was fired.
‘We were satisfied on the basis of [her] testimony that her belief in veganism perpetrates her life and how she lives it,’ Employment Judge Claire McManus wrote in her ruling.
“[She] demonstrated that her veganism is a discipline integral to her sense of self.
We concluded that Miss Reilly’s veganism qualifies as a protected feature for her under section 10 of the Equality Act of 2010 and constitutes a philosophical conviction for her.
Now, Miss Reilly is entitled to £12,636.40.