‘Modest’ Muslim waitress who refused to wear a ‘sexy’ dress wins tribunal claim

REMEMBER Fata Lemes? She’s the waitress who claimed last year that her Muslim sense of modesty had been dissed when was told to wear a revealing summer uniform by her employees at the Rocket Bar in London.

The 'offensive' dress modelled by and Ms Lemes in holiday gear

The 'offensive' dress modelled by Amanda Bjursten, and 'modest Muslim' Ms Lemes in holiday gear

We reported at the time that Ms Lemes, who was demanding £20,000 compensation, said:

It was indecent. If you put this dress on, you might as well be naked … I did not want men looking at my body. I was brought up a Muslim, and am not used to wearing sexually attractive clothes.

Well, Lemes has won her case, but according to the Times this week, lawyers acting for the Rocket Bar have tried to re-open the case by demonstrating that Lemes – a Bosnian Muslim – is not quite the paragon of virtue she makes out to be.

They did do after a picture emerged of Miss Lemes on Facebook showed her wearing a plunging T-shirt exposing her cleavage while she was at the beach.

Lemes did not get her £20,000 – £17,500 of which she claimed for “hurt feelings”.

The employment tribunal which heard the case said that her claim was “manifestly absurd”, and instead awarded her £2,919.95 for both hurt feelings and loss of earnings.

The tribunal said that Miss Lemes held “views about modesty and decency which some might think unusual in Britain in the 21st century,” and her employer should have taken her feelings into account when asking her to wear the dress.

The ruling said:

Her perception was that wearing the dress would make her feel as if she was on show, as if she was being presented as one of the attractions which the Rocket Bar was offering its customers. In our view that perception was legitimate and not unreasonable. It [the dress] is clearly a garment for a girl or young woman. It is intended to, and does, show the curves of the body.

At the tribunal, the restaurant group submitted photos of another waitress, Amanda Bjursten, wearing the dress in the bar. Ms Bjursten, who appeared at the hearing modelling the outfit said she was “completely comfortable” wearing it.

Luca Scanu, the bar manager, denied the dress was intended to increase sales and tips from male customers by being “sexually inviting”.