In the case of Ms J Henry v Tattu Manchester Limited, waitress Jahnayde Henry, said her confidence was ‘undermined’ following a ‘draconian’ remark from deputy manager Joanne Huang who told her she looked ‘tired and unpresentable’ and needed to wear make-up for her next shift.
The panel heard ‘very strict’ and ‘draconian’ Ms Huang was someone who ‘likes discipline’ and ‘always wants 100 per cent’.
She was referred to as ‘scrupulously fair’ but would ‘annoy you every day until you get better’.
On the first night of the restaurant’s opening, Ms Huang told Ms Henry her voice sounded ‘bland or boring’ and that she should try to ‘liven it up’ while serving customers.
In the following shift she worked, Ms Henry was then ‘criticised’ about how effectively she was working and told she would have to do better ‘if she was going to make it as a server at Tattu’.
The tribunal heard Ms Huang told Ms Henry she looked ‘tired and unpresentable’ at the beginning of one shift and next time she came to work, she ‘should wear make-up’.
After just five shifts, Ms Henry resigned and claimed she had been left in tears and ‘bullied’ by a manager.
Ms Henry – who is black – then unsuccessfully sued the restaurant for race discrimination and harassment.
However, her claim of sex harassment regarding the make-up comment was upheld.
Judge Glennie said: ‘Having found that Ms Huang made the comment alleged by [Ms Henry], we accepted that this was unwanted by her,’ he said.
‘We then considered whether this amounted to conduct related to sex. We concluded that saying that an individual looked “tired and unpresentable” was not related to sex, as that could equally be said to a man.
‘In the Tribunal’s judgement, saying that next time, the individual should wear some make-up, is a sex-specific comment, in that – although it is not unknown for men to wear make-up – it is not a comment that would ordinarily be made to a man.
‘As to its effect, we found that [Ms Henry] perceived the comment as creating a humiliating environment for her, in that it meant that she should try to “improve” her appearance with the use of make-up. We also found that it was reasonable that the comment had this effect: it would tend to undermine her self-esteem.’
Ms Henry’s compensation will be decided at a later date.
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