Pub manager awarded £44,000 in beer tampering case

A former pub manager has spoken of her relief after being awarded more than £40,000 in compensation when a court ruled she was unfairly sacked for gross misconduct.

Tulsa Lowther had worked for the Manchester-based brewer and pub company Joseph Holt for more than 20 years when she was accused of watering down beer at the pub she managed, the Lamb in Eccles.

Throughout 2008 and early 2009 the brewer tested samples of beer on a number of occasions and found it had been diluted.

The move followed complaints by customers which led to Ms Lowther, 63, taking the beer off.

She was summoned to a disciplinary hearing with her employer last January where she was sacked for gross misconduct on the basis that the stock was ultimately her responsibility.

However, it was not suggested that she had directly tampered with the beer, or had been aware of the practice taking place.

Trade union Unite took up her case which resulted in an employment tribunal in Manchester ruling she had been unfairly dismissed.

The full judgment of the case has been released this week and reveals that Ms Lowther was awarded unfair dismissal compensation totalling £44,636.

Ms Lowther said the decision has helped her "put her life back on track".

She said: "It is such a relief to have cleared my name after months of hell.

"I could never have afforded to take the case myself and although nothing can ever compensate me for the pain and distress I have suffered as a result of these false accusations the very substantial compensation that I was awarded has certainly helped me to put my life back on track."

In his conclusion Judge Vinecombe stated: "It is simply the respondent's case that because the claimant was in charge and the problem arose she was guilty of gross misconduct.

"That is not enough in the tribunal's view to constitute misconduct."

Jennie Formby National Officer for Unite's pub and hospitality sector, said Ms Lowther had worked in the trade for 40 years and had an "exemplary" employment history

She said: "Cases like this highlight the massive pressure on our members in the pub industry and demonstrate why so many managers work excessive hours in an attempt to ensure they are not held responsible for things that happen while they're off duty."

Joseph Holt operations manager Mark Norbury said the brewer was disappointed by the decision of the tribunal, but added it had prompted the company to examine its procedures around beer monitoring.

He said: "We have procedures in place to ensure that our products are served in perfect condition and they highlighted that adulteration had taken place at the Lamb Hotel. We have since revised our procedures and are now confident that should a similar situation arise in the future, they will prove to be sufficiently robust."