Amber Stoter successfully sued Gain Healthcare following a ruling at the Reading Employment Tribunal. Ms. Stoter, 30, is now set to receive compensation, with a remedy hearing scheduled for September to determine the amount. She described the tribunal experience as "stressful" and stated she has struggled to find work since her dismissal.

Allegations Against CEO's Husband, Tytan Nkomo

The case centred on Ms. Stoter's complaint regarding the conduct of Tytan Nkomo, the husband of the company's founder and CEO, Olinda Chapel-Nkomo. The tribunal noted that Mr. Nkomo occupied a management position within the company, although Gain Healthcare disputed this, claiming he was not an employee.

Manager Who Accused Olinda’s Husband Tytan Nkomo of Sexual Misconduct Wins Tribunal After Unfair Dismissal!

Ms. Stoter testified that Mr. Nkomo had been "sexually inappropriate" with her and had referred to her as his "girlfriend." Specific instances were detailed during the tribunal:

• After Ms. Stoter posted a picture with a caption "working hard in the sun," Mr. Nkomo allegedly commented, "that’s not the only thing you make go hard."
• On another occasion, while in a car together, Ms. Stoter claimed Mr. Nkomo told her, "don’t allow men to look at you like that, you are part of my property" after she "half-smiled" at a man.

Ms. Stoter initially raised these concerns with her line manager, Jessica Cannon, on June 26, 2023, just over three weeks after she began working for the Bicester, Oxfordshire-based firm on June 5, 2023. She reportedly told her manager about the inappropriate behaviour, including being called "like his girlfriend." She mentioned that their chat used disappearing messages, so she was unable to provide the specific text evidence at the time.

Following this discussion, her line manager decided that Mr. Nkomo should cease working from the office. However, against Ms. Stoter's wishes, her line manager also informed Mrs. Chapel-Nkomo the next morning, stating that her husband had "apparently sent inappropriate texts" to Ms. Stoter. The matter was not escalated internally beyond this point by the company.

Dismissal Follows Complaint

The day after being informed of the allegations against her husband, Mrs. Chapel-Nkomo reportedly announced to all managers via a WhatsApp group that she would be holding performance review meetings.

Ms. Stoter met with Mrs. Chapel-Nkomo on June 28, 2023, just two days after raising her complaint. The tribunal heard that the meeting was "heated" and Ms. Stoter became "distressed." Ms. Stoter testified that she felt "ambushed" in the meeting and directly told Mrs. Chapel-Nkomo that she believed she was being dismissed "because of what your husband did."

Ms Stoter

In her official dismissal letter, Gain Healthcare listed several reasons for terminating Ms. Stoter's employment, including allegations that she had left the premises to frequent a tanning studio during working hours and sent an "excessive" number of messages on a WhatsApp chat, among other purported performance issues. Mrs. Chapel-Nkomo stated in her witness statement that she dismissed Ms. Stoter due to her "exceptionally concerning and escalatory behaviour" during their meeting.

Tribunal Finds Dismissal Was Unfair and a Response to Disclosure

The Employment Tribunal panel, led by Employment Judge Colin Baran, concluded that the reasons provided by Gain Healthcare for Ms. Stoter's dismissal were not the genuine principal reasons.

The tribunal highlighted that the matters raised by Ms. Stoter involved "a specific report of sexual misconduct, directed at a junior female employee by a male with senior status at work," noting the company's significant safeguarding responsibilities given its work with vulnerable clients.

Judge Baran ruled, "Overall, the Tribunal concludes that the principal reason for (Ms. Stoter's) dismissal by Mrs. Chapel-Nkomo was the making of the protected disclosure about Mr. Nkomo."

He further stated, "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), a new member of staff." The judge found that such a disclosure, if properly addressed, would have been "problematic not just for (Gain Healthcare) but also for Mr Chapel-Nkomo personally."

The tribunal's judgement explicitly stated that the reasons given for dismissal were not supported by other evidence and that the "matters reported in the disclosure were not looked into or addressed" by the company after Ms. Stoter was dismissed.

Judge Baran concluded that Mrs. Chapel-Nkomo sacked Ms. Stoter "as a response" to the protected disclosure she made about her husband. Ms. Stoter also succeeded in a claim of victimisation.

Speaking after the ruling, Ms. Stoter told MailOnline, "I represented myself at the hearing and it was difficult, but I had to stand up for myself. Maintaining one's integrity is the best way."

The case underscores the legal protections afforded to employees who make protected disclosures about misconduct in the workplace.