A waitress who was cruelly sacked while on maternity leave has been awarded almost £20,000 after suing her employer.
Kirsty Blyth, 26, launched legal action against a Scottish eatery after claiming she was “flung out the shop with my nine-week-old in my arms”.
She said her boss at Black Rooster Peri Peri Restaurant in Coatbridge discriminated against her by refusing to let her return to work when her maternity leave finished.
Kirsty said she was experiencing PTSD and was struggling to pay bills and support her baby daughter.
She started working at the restaurant in April 2019 and would work around mental health counselling sessions and childcare.
But the mum claims there were complaints about her having to attend counselling.
While visiting the restaurant with her infant in November 2020, Kirsty said she was given a letter from director of BR Fast Foods Matthew Campbell, who had recently taken over the business, telling her that they would not be paying her maternity pay due to the "impact of Covid" and was told she was sacked.
“[I was] distraught [and] was flung out the shop with my nine week old in my arms,” Kirsty said.
She said it was "embarrassing as it was done in front or staff members and customers".
In response, she launched an employment tribunal case against BR Fast Foods, but cancelled it when Mr Campbell told her she had her job back.
But Kirsty was never allowed to return to work following the end of her maternity leave in July 2021 and has not worked there since.
She told the tribunal: "I am honestly exhausted and appalled with my treatment. I don't want another pregnant woman or mum in my position.
"I haven't been able to enjoy my maternity leave due to stress, especially as I was 'sacked' before Christmas, [which] was my daughter's first and was tainted."
It also had a big impact on her relationship with her partner.
Miss Blyth added: "We have nearly separated over this and how I've become extremely angry and stressed all the time.
"I just feel like a complete failure to my daughter and partner and worthless about myself."
Concluding the case, employment judge Ian McPherson said: "I found Miss Blyth's testimony... compelling and convincing.
"I have no doubt, having heard her evidence, that she felt, and still feels, hurt about the restaurant's treatment of her.
"I was impressed by her tenacity and persistence in pursuing her claim, despite all the surrounding circumstances, entering a legal forum unknown to her, [the restaurant] not participating, as well as the pressures of normal domestic and family life, including her own PTSD."
Kirsty was awarded £18,307.
