Mum who won £18k in Coatbridge employment tribunal fearful she 'won't see a penny'

Three months after a judge ruled in her favour, Kirsty Blyth is still struggling financially and emotionally after the owner of the fast food joint filed for liquidation before she was paid.

Kirsty Blyth successfully took her employer to court in May this year having lost her job while on parental leave from the Coatbridge franchise of Black Rooster Peri Peri.

The franchise was owned at the time by a company called BR Fast Food Ltd, run by director Matthew Campbell.

But the 26-year-old is fearful she will not see a payout due to the business going into liquidation two days before a deadline for payment.

Kirsty said the situation had a dire impact on her mental health - and is continuing to do so.

She said: "I didn't want another mum to end up in my position.

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"I had worked hard in that job, I had never taken a holiday in order to be available for shifts and then I was treated like that.

"It made me feel worthless and as though I was letting my daughter down.

"I was just so stressed but then I had the relief of winning my case and proving that I could stand up for myself and my daughter.

"Now there's no sign of the money and I'm having to keep fighting - it is exhausting and I just want answers." 

Kirsty, who lives with post-traumatic stress disorder (PTSD), started working for BR Fast Food Ltd in April 2019.

The registered trademark Black Rooster is owned by Michael Kennedy and Kevin Bell but Kirsty's employer at the time she lost her job was BR Fast Food Ltd.

A lawyer acting on behalf of Mr Kennedy and Mr Bell said his clients are "entirely sympathetic" with Kirsty's situation and "hope for a positive resolution".

They have since terminated Mr Campbell's position as a franchisee. 

Kirsty was initially told in 2021 that she would not receive maternity pay as Covid-19 had had a severe impact on the business.

In response, she launched a legal action against the restaurant but dropped it when she was given her job back.

In an email from February 2021, seen by the Glasgow Times, Mr Campbell says he will pay Kirsty a lump sum of backdated maternity pay and that her job will be waiting for her at the end of her leave. 

Although she asked for hours to accommodate mental health counselling sessions, the mum claims she was a flexible staff member always willing to work shifts if colleagues needed cover.  

Despite this, she claims there were issues with her asking to go to these healthcare appointments.

She also described a difficult working atmosphere in the branch.

In WhatsApp messages seen by the Glasgow Times, staff members openly discuss Kirsty's pregnancy and cast doubt on her needing time off for an amniocentesis test.  

Another exchange sees a supervisor tell Kirsty she is being accused of not wearing underwear to work, in an incident she says left her feeling embarrassed and confused.

But with bills to pay and a baby to support, she wanted to keep the job.

Then, in November 2020 when she went in to work for a visit with her nine-week-old baby, Kirsty was handed a letter saying there was no work for her and, she claims, was told to leave.

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She found herself struggling financially with the situation putting a heavy strain on her relationship. 

This prompted her to restart the legal action and a Glasgow employment tribunal found in her favour in claims of victimisation, disability discrimination and maternity and pregnancy discrimination. 

Kirsty was praised by the judge presiding over the case, employment judge Ian McPherson, for her "tenacity and persistence" in pursuing her claim. 

He awarded her damages of £18,307, which Kirsty planned to take and use to move on with her life.

Mr Kennedy and Mr Bell's lawyer added that they have "listened to Ms Blyth's claims and provided the reassurance that, where necessary, the terms of obtaining a sought-after Black Rooster licence will be reviewed with the object of tightening the consequences for franchisees who do not exceed desired employment standards".

Having not been paid any money by BR Fast Food Ltd, on July 15 this year Kirsty engaged a sheriff's officer to serve a charge for the payment.

This gives the firm 14 days to pay up - but no money was received. 

Before the charge of payment served by the sheriff's officer expired, BR Fast Food Ltd entered liquidation managed by the firm Begbies Traynor.

According to an entry on Companies House, the decision was taken on July 27, two days before the order expired. 

Liquidators Ken Pattullo and Kenny Craig of Begbies Traynor have told Kirsty she is what is classed as an "ordinary creditor" and so she is unlikely to receive her settlement.

Parts of employee claims can be claimed from the Government through the Redundancy Payments Office (RPO) but a spokesperson for Begbies Traynor said Kirsty's award does not come under this.

She added: "The liquidators are currently liaising with the RPO and Ms Blyth regarding the elements that the RPO may possibly be able to settle. 

"The liquidators are unable to comment on the reason why the company was liquidated, but the information received to date confirms that the company was in an insolvent position."

Kirsty said: "I think they believe I will eventually just let this drop but I won't.

"I want to know where the money is and when I will be paid.

"I have been silent long enough and I will not be silent any more."