Bicester manager who accused CEO's husband of 'sexually inappropriate conduct' wins unfair dismissal

Amber Stoter, 30, represented herself against Gain Healthcare of Bicester during the three-day hearing.

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 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 Ms Stoter she was ‘like his girlfriend’ and when she half-smiled at a male motorist on the way to a meeting, he told her ‘don’t allow men to look at you like that, you are part of my property’.

On June 28, 2023, Ms Chapel-Nkomo fired her for ‘concerning and escalatory behaviour’.

After representing herself at Reading Employment Tribunal, Ms Stoter won her case for unfair dismissal and victimisation. A remedy hearing to decide her compensation takes place in September.

Ms Stoter said: " It was the most bizarre and horrible thing I've ever had to go through. 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 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.

“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.”

On June 5 2023, Ms Stoter started her employment at Gain Healthcare.

On June 26, she raised concerns about Mr Nkomo’s conduct with line manager, Jessica Cannon.

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.

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.

Mrs Chapel-Nkomo told all managers she was going to hold performance review meetings. 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’.

Gain Healthcare set out several reasons for Ms Stoter's dismissal, which included ‘shouting’ and ‘use of foul language’ at Mrs Chapel-Nkomo.

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. "This wasn't about money, it was about principle.”