Tribunal delivers judgement on Sanderson masseur

A central London employment tribunal has reached a unanimous judgment and dismissed claims that masseur Brian McGuinnes suffered sexual discrimination and was unfairly dismissed from the Sanderson Hotel spa in breach of contract.

The tribunal heard how McGuinnes left clients at the west London hotel’s spa “severely bruised” after over-vigorous treatments, leaving one client with 10-inch bruises around his spine.

Following “numerous” warnings, the five-star hotel eventually sacked McGuinnes, who denied hurting his clients, saying that, in four years working at the hotel, only three out of the 4,000 guests he treated showed any symptoms.

The tribunal concluded that McGuinnes was fairly dismissed for a reason related to capability – namely the lack of care displayed while carrying out a client’s massage where bruising was caused.

It also said that McGuinnes did not suffer a breach of contract by the manner in which the Sanderson carried out disciplinary procedures nor unlawful discrimination by being dismissed by the hotel.

McGuinnes brought his claim jointly against Ian Schrager (London) Ltd, the Sanderson Hotel and the Morgans Hotel Group. The Sanderson declined to comment. Details: www.dti.gov.uk