A manager who was sacked after she accused the CEO's husband of "sexually inappropriate conduct" has won an unfair dismissal case in Reading.
Amber Stoter, 30, from Bicester, represented herself against Gain Healthcare during the three-day hearing in the town.
She was fired by CEO Olinda Chapel-Nkomo days after she complained the CEO's husband, Tytan Nkomo, had made crude comments referring to her as "part of my property" and about being "hard", tribunal documents alleged.
Commenting on a picture the mum-of-three had posted online with the caption "working hard in the sun", Mr Nkomo responded "that’s not the only thing you make go hard", it was heard.
It was alleged Mr Nkomo told the Ms Stoter she was "like his girlfriend" and when she "half-smiled" at a passing male motorist on the way to a work meeting, she told her "don’t allow men to look at you like that, you are part of my property" in June 2023.
On June 28 2023, Ms Chapel-Nkomo called Ms Stoter into her office and fired her for "concerning and escalatory behaviour", a tribunal heard.
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After representing herself at a three-day tribunal at Reading Employment Tribunal, Ms Stoter won her case for unfair dismissal and victimisation.
A remedy hearing to decide her compensation will take place in September.
Speaking today (July 11), Ms Stoter said: " It was the most bizarre and horrible thing I've ever had to go through.
"I had to go to the GP because my anxiety has been through the roof.
"I was awfully nervous representing myself in the Tribunal.
"I felt I had to represent myself because I have little trust in the legal system.
"I was running on three hours' sleep each day because I was sitting up in bed reading pages and pages of documents.
"My determination got me through.
"I didn't expect to win my case because they're a rich company.
"Even though I'm finding it hard to get work because employers see my tribunal as a bit of a red flag.
"But I'm proud that I've used my voice for good.
"The public has the right to know about my ordeal.
"I would hate to think that another employee of theirs could feel how degraded I felt, I'm a mum myself."
On June 5 2023, Ms Stoter started her employment at Gain Healthcare, in Bicester, Oxfordshire.
On June 26, Mr Stoter raised concerns about the conduct of Mr Nkomo with her line manager, Jessica Cannon, and said he had referred to her "like his girlfriend" it was said.
At the time, he was married to the founder and CEO Mrs Chapel-Nkomo. The tribunal heard he worked as an IT specialist for the organisation "although the respondent’s position was that he was not an employee".
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Ms Cannon asked to see the messages she had been sent by Mr Nkomo but Ms Stoter said she was unable to do so as their chat had disappearing messages.
Mrs Cannon asked Mr Nkomo to stop working in the office, but did not seek to take the concerns about Mr Nkomo’s behaviour any further, it was said.
Informing Mrs Chapel-Nkomo of Ms Stoter's concerns, Mrs Chapel-Nkomo told all managers via a WhatsApp group that she was going to hold performance review meetings, it was said.
On June 28, Mrs Chapel-Nkomo held a meeting with Ms Stoter, where she "felt ambushed" and told Mrs Chapel-Nkomo she felt she had "done this because of what your husband did".
In her dismissal letter, Gain Healthcare set out several reasons for Ms Stoter's dismissal, which included "shouting" and "use of foul language" at Mrs Chapel-Nkomo, it was said.
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In a witness statement, Mrs Chapel-Nkomo said: "I dismissed her because of her exceptionally concerning and escalatory behaviour during my one-to-one with her."
Employment Judge Colin Baran said: "The Tribunal concludes that at the time of dismissal Mrs Chapel-Nkomo knew of the fact and nature of the disclosure – reports of sexually inappropriate conduct by her husband Mr Nkomo towards Ms Stoter."
"I'm just glad it's all over." Ms Stoter said today.
"This wasn't about money, it was about principle.
"Even though it's been horrendous to go through, I see the whole thing as a positive thing.
"I've used my voice for good."
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