A woman who was victimised by her former employer while battling cancer is unlikely to see a penny of her compensation settlement.
In September Lyn Ferguson was awarded almost £13,000 in damages from her former employer, Burns Bar, in Forfar.
An industrial tribunal ruled the former barmaid, originally from Dundee, was unfairly treated and later dismissed by Iris Edgar and the pub, who went as far as forming a new company to disguise her termination as a redundancy.
Now, however, Lyn’s solicitor has claimed she will probably never receive the cash because the owners have changed the name on the lease, meaning the legal ruling is effectively void as it was made against a different firm.
MML Solicitors allege this was a deliberate ploy by the bar owners to avoid paying the 59-year-old the compensation she is owed.
Lyn said: “This is really disappointing, It’s not the money, I’m not overly bothered about that but it’s the principle.
“I also don’t want people thinking I have walked away with thousands of pounds when I’m not going to get a penny.
“I have suffered so much and my former employees have walked away Scot free.”
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The judgement of the Employment Tribunals (Scotland) ruled that Lyn was unfairly dismissed by the Burns Bar.
It was ruled that she was discriminated against because of her cancer and then victimised for asking for reasonable adjustments to her working hours because of her illness.
The 59-year-old was diagnosed with stage four non-Hodgkin lymphoma in July 2016. Her condition was so serious she brought forward her wedding due to the aggressive nature of the cancer.
Ryan Russell, who represented Lyn on behalf of MML Solicitors, said: “After the judgement was received, we instructed sheriff officers to serve a Charge for Payment for the full amount owed.
“They served it on the bar manager. She refused to engage and tell them anything. We also wrote to Iris Edgar who is the landlord and runs the bar, she ignored correspondence.
“After further investigation it appeared the lease had changed hands again as a result of the case to avoid paying out any monies. The prospects of her getting money are therefore nil because of the malfeasance of the employer.
“To fabricate and engineer the dismissal of a disabled person recovering from cancer is in itself is inexcusable. However, the lengths they have now gone to in order to avoid paying the compensation awarded by the tribunal is truly shocking.
“This is the reason why more power is required in relation to pursuing rogue company directors.”