Foreign Chefs Lose Race Discrimination Case Against Royal Harwich Yacht Club in Suffolk After Timesheet Fraud Investigation

Three chefs who argued they were unfairly dismissed from one of Britain’s oldest yacht clubs after being accused of falsifying time sheets have had their claims rejected by an employment tribunal.

Marian Coltofean, Monika Banasiak, and Elisabete Dos Santos Rocha had taken the Royal Harwich Yacht Club in Suffolk to court, claiming their nationality played a role in their firing.

However, the tribunal found the dismissals were justified due to deliberate misreporting of working hours.

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The Background of the Dispute

The Royal Harwich Yacht Club, established in 1843 and known for its royal endorsements, employed the trio in its catering team.

Coltofean, Romanian, was the catering manager, while Banasiak, Polish, and Rocha, Portuguese, worked as chefs.

They were the only foreign nationals in the team.

All three had joined the club at different times—Coltofean in 2021, Banasiak in 2011, and Rocha in 2015.

They claimed that their dismissals were racially motivated, arguing the club manufactured evidence of wrongdoing.

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Discovery of Timesheet Irregularities

The investigation began when a manager noticed that Banasiak and Rocha had not arrived on time for a key dinner service.

Upon reviewing timesheets against alarm system logs, the club discovered repeated discrepancies.

Banasiak had logged nearly 15 extra hours over three months, while Rocha had claimed close to 12 additional hours.

Alarmingly, on 19 occasions, both women recorded identical arrival times despite living 40 minutes apart, suggesting coordination.

Coltofean, as line manager and in a relationship with Banasiak, had approved these timesheets, and the tribunal concluded he likely participated in the scheme.

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Tribunal Findings and Legal Outcome

Dismissed in October 2023, the chefs claimed unfair dismissal and racial discrimination.

But Employment Judge Richard Wood found no evidence that nationality played any role in their firing.

Judge Wood stated that while the club could have had clearer written rules about timesheets, the misconduct was obvious and matters of common sense.

The judge noted that “misconduct is rarely made appropriate because it continues undetected for long periods” and that the investigation was thorough and reasonable.

In short, the tribunal concluded the dismissals were fair and entirely unrelated to the chefs’ foreign status.

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Aftermath and New Ventures

Following their dismissal, Coltofean and Banasiak went on to open a restaurant in Woolverstone Marina called Monimar.

Rocha has pursued other opportunities in the culinary sector.

The case highlights both the importance of proper workplace procedures and the scrutiny applied to claims of discrimination.

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What’s Next?

The chefs could appeal the tribunal’s decision, though employment law experts note that overturning findings in a well-documented case of misconduct is challenging.

The Royal Harwich Yacht Club is expected to reinforce its HR policies, particularly around timekeeping and staff oversight, to avoid similar disputes in the future.

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Summary

Three foreign chefs, Marian Coltofean, Monika Banasiak, and Elisabete Dos Santos Rocha, lost their race discrimination and unfair dismissal claim against the Royal Harwich Yacht Club in Suffolk.

They had been dismissed after being found to falsify timesheets over several months.