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An employment tribunal ruled that Mary Siergiejew was hounded into resigning from her managerial post at a recruitment consultancy by the “detrimental treatment” she received from Dominic Kneafsey, its owner. A few hours before she was due to learn the size of her expected six- figure payout, however, Mr Kneafsey placed the company, RPS (Retail Personnel Services) Ltd, into administration.
He promptly bought back its assets for £10,000 and started a new company, also called RPS Ltd but with the acronym standing for Recruitment Personnel Solutions.
It has the same address in Bolton, the same phone number, the same logo and the same website, which boasts that RPS has been offering its clients “the very highest quality” of work since 1994.
Because Mrs Siergiejew, 37, a mother of three, brought her case against the original company, the new RPS has no liability towards her.
Mrs Siergiejew, who suffers from depression and chronic anxiety disorder, which has been directly linked to her treatment by RPS, said yesterday that she felt absolutely devastated.
“I’d battled for 2½ years to try to get justice but he’s found a loophole in the system and he’s used it to protect himself,” she said.
In August a tribunal was told that Mrs Siergiejew, who had worked for RPS since 2000, had been singled out for unfair treatment after Mr Kneafsey discovered that she was pregnant in June 2003.
The hearing was told that she discovered that she was seven weeks’ pregnant a few days after being promoted to a £23,000 post as team leader.
After she informed Mr Kneafsey, she was suddenly told that she would have to serve a three-month probation period, even though a colleague who had been promoted alongside her had not been told the same.
Mrs Siergiejew, from Bolton, told the tribunal that she had also been told to “get her finger out”, even though she had brought in £10,000 more worth of business than her colleague during the previous month. She had her bonus stopped and was told to hand back her company car, a sports car, in exchange for an unreliable pool vehicle.
Mr Kneafsey was also said to have telephoned her to announce that he would be deducting £1,200 from her statutory maternity pay because she had been paid too much commission. The tribunal ruled that Mr Kneafsey had been aggressive, rude and abrupt in dealings with Mrs Siergiejew and that RPS was guilty of unlawful discrimination and sex discrimination.
A hearing to consider the size of her payout was scheduled to take place last month but was cancelled when, at the eleventh hour, RPS went into administration. Manby & Steward Solicitors, which represents Mrs Siergiejew, said that she had been seeking £500,000 for future loss of earnings.
Mr Kneafsey was unavailable for comment yesterday, although he is reported to have stated that the decison to place RPS into administration was totally unconnected to the compensation award.
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