A RESTAURANT has been cleared of unfairly sacking a kitchen porter who was sworn at by a chef in a heated argument.

Sandra Cooke was awarded £1,500 in damages last October, in a default judgment, as Matt Yates, her former boss at Great Tey’s Barn Brasserie, had failed to turn up to an employment tribunal in Bury St Edmunds.

However, when it emerged at a later hearing that Mr Yates had not been properly served with a summons to attend, the verdict was overruled and the case began again.

A judgment published yesterday said Mrs Cooke, a mother in her 60s, of De Vere Road, Earls Colne, had accused Mr Yates, of Hillary Road, Heybridge, of calling her fat, old and lazy in a foul-mouthed rant in front of colleagues.

Mrs Cooke claimed Mr Yates had ended the tirade on December 9, 2007, by telling her to get out as she was fired.

Mr Yates admitted using swear words during a heated exchange, but said it was tit-for-tat, and denied sacking Mrs Cooke, who did not turn up for work again after that night.

The tribunal decided his version of events was more credible and yesterday’s judgment rejected all of Mrs Cooke’s claims.

She had alleged unfair dismissal, constructive dismissal, wrongful dismissal, direct sex discrimination, sexual harrasment, harrasment on the grounds of age and unlawful deduction from wages.