Hotel Du Vin changed staff policies after customer slapped bistro manager - tribunal told

The general manager of a premier Birmingham hotel has denied a former employee did not receive sufficient support after he was attacked by a guest, a tribunal heard.

Mieczyslaw Ratayczyk, the former bistro manager at Hotel Du Vin, was struck across the face by a regular customer who was annoyed at the lengthy wait for his meal.

Mr Ratayczyk, a Polish national, is suing the company over the way he was treated after the attack, the employment tribunal heard.

He is claiming constructive dismissal and racial discrimination.

General manager Mark Davies told the tribunal in Birmingham that Mr Ratayczyk, 28, was not treated any differently after the attack because of his race.

He also said that Mr Ratayczyk was suspended following the assault in April 2009 for his own welfare and that it was company policy to offer the customer and any other dissatisfied customers a free meal.

“I would have done the same if it was a English employee who had been attacked,” he said.

“We thoroughly investigated the incident and had Mr Ratayczyk’s welfare in mind.

“He was suspended because that was the instruction from HR.

“This was something I’m not used to dealing with so I followed the advice of HR.

“Suspension was not meant as an act of punishment or to mean he was at fault for the incident in any way.

“It’s company policy that when a customer is dissatisfied with the service they receive they are offered a free meal.”

Mr Davies did concede that he should not have belittled Mr Ratayczyk’s injuries by suggesting in a letter to him that the customer would have been barred had he broken his nose in the attack.

“It was probably not the best thing to say at the time,” he said.

Mr Davies also told the hearing how the hotel had, as a result of the assault, introduced new policies for dealing with complaints from staff members.

Journalist Russell Claydon witnessed the attack while on a press trip at the hotel.

He told the tribunal: “The force of the slap was akin to a hefty punch which seemed to shock everyone in the restaurant.

“He barely flinched and immediately tried apologising to the customer about the delay. I recall being quite taken back at his very professional attitude.”

Mr Ratayczyk is claiming for loss of earnings and damages for personal injuries.

Dilly Bansal, representing the hotel, claimed Mr Ratayczyk was trying to take advantage of the situation by attempting to extract money from the company and gain something in writing about the assault which he could then use for the purpose of future litigation.

The case continues.