HARARE – A United Kingdom employment tribunal has ruled that Gain Healthcare, a company owned by Zimbabwean-born entrepreneur and socialite Olinda Chapel-Nkomo, unfairly dismissed a female manager just 48 hours after she raised concerns about sexually suggestive messages sent to her by Chapel-Nkomo’s husband, musician Tytan Nkomo.
The Reading Employment Tribunal concluded that the real reason behind the dismissal of Amber Stoter, 30, was the “protected disclosure” she made regarding Tytan Nkomo’s behaviour – and not the reasons cited by the company in her dismissal letter.
Stoter, who worked as a manager for the healthcare firm in Bicester, Oxfordshire, felt “ambushed” when Chapel-Nkomo called her into a meeting and fired her just two days after she lodged the complaint, the tribunal heard.
Stoter had complained that Tytan Nkomo had made inappropriate comments to her, including referring to her as his “property” and making a crude remark about her making things “go hard”.
The tribunal heard that on one occasion, after Stoter posted a picture on social media with the caption “working hard in the sun”, Nkomo commented, “that’s not the only thing you make go hard”. He also referred to Stoter as his “girlfriend”.
Stoter had a discussion with her line manager, Jessica Cannon, on June 26, 2023, to raise her concerns about Nkomo’s conduct. At the time, Nkomo was married to Chapel-Nkomo, the founder and CEO of Gain Healthcare. While the company disputed that Nkomo held a management position, the tribunal noted that he did occupy a senior role within the organisation.
Stoter told Cannon that Nkomo had been “sexually inappropriate” with her and had told her she was “like his girlfriend”. She also recounted an incident in a car where 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.
During the conversation with Cannon, Stoter was asked to show the messages she had received from Nkomo but was unable to do so as their chat had disappearing messages enabled. Following the conversation, Cannon decided that Nkomo should stop working from the office. However, the matter was not escalated any further at that time.
The morning after their discussion, Cannon, against Stoter’s wishes, informed Chapel-Nkomo that her husband had “apparently sent inappropriate texts” to Stoter.
The following day, Chapel-Nkomo announced to all managers via a WhatsApp group that she would be holding performance review meetings. She met with Stoter on June 28, and Stoter was dismissed following a “heated” conversation in which she became “distressed”, the panel heard.
Stoter told Chapel-Nkomo that she had been dismissed “because of what your husband did”.
In her dismissal letter, Gain Healthcare cited several reasons for Stoter’s dismissal, including allegations that she had been “witnessed leaving our premises to frequent the neighbouring tanning studio during contractual working hours” and that she had sent an “excessive” number of messages to colleagues on a WhatsApp chat.
However, the tribunal found that these reasons were not supported by evidence and that the “matters reported in the disclosure were not looked into or addressed” by the company following Stoter’s dismissal.
Chapel-Nkomo, in her witness statement, said: “I dismissed her because of her exceptionally concerning and escalatory behaviour during my one to one with her.”
The tribunal stated that the matters raised by Stoter “involved a specific report of sexual misconduct, directed at a junior female employee by a male with senior status at work”. They also noted that the business deals with vulnerable clients and has “significant safeguarding responsibilities”.
Employment Judge Colin Baran, upholding Stoter’s claims of unfair dismissal on the ground of protected disclosures, said: “Overall, the Tribunal concludes that the principal reason for (Stoter’s) dismissal by Mrs Chapel-Nkomo was the making of the protected disclosure about Mr Nkomo.”
The judge added that Chapel-Nkomo sacked Stoter “as a response” to the disclosure she made about her husband.
Stoter also won a claim of victimisation.
A remedy hearing to determine her compensation will take place in September.
Stoter, who represented herself at the hearing, 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 judgement added that the reason given for dismissal was not supported by other evidence, and that the ‘matters reported in the disclosure were not looked into or addressed’ by the company following Ms Stoter’s dismissal.
The case highlights the importance of protecting employees who raise concerns about workplace harassment and the potential consequences for employers who fail to take such complaints seriously. It also raises questions about the role of Chapel-Nkomo, a prominent businesswoman and socialite, in the events leading to Stoter’s dismissal.
Olinda Chapel-Nkomo announced managerial performance reviews – which led to Ms Stoter being sacked – a day after she was informed of ‘inappropriate texts’ sent by her husband, the tribunal heard.
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