Hyland(represented by SIPTU) -v- The Conrad Hotel(represented by IBEC)
1. CLAIM
1.1 This case concerns a claim by Ms. Clodagh Hyland (Waiting Person) against the Conrad Hotel, Dublin that she is entitled to the same rate of pay as that paid to Mr. D (Bartender) in accordance with section 19 of the Employment Equality Act, 1998 on the gender ground. She claims that they both perform like work in accordance with section 7(a), (b) and (c) of the Act.
2. BACKGROUND
2.1 The complainant alleges that she is paid less than the named comparator even though they perform 'like work' within the meaning of Section 7 of the Employment Equality Act, 1998. It is the complainant's contention that the difference in pay is related to her gender. The respondent disputes like work and submits that there are grounds other than gender for the difference in pay.
2.2 The complainant referred a complaint under the Employment Equality Act 1998 to the Director of Equality Investigations on 22 January 2003. On 11 May 2004, in accordance with her powers under section 75 of that Act, the Director delegated the case to Mary Rogerson, an Equality Officer, for investigation, hearing and decision and for the exercise of other relevant functions of the Director under Part VII of the Act. A submission was received from the respondent on 23 July 2004 and from the complainant on 23 August 2004 at which point, each party received the other party's submission. Work inspections were conducted on 17 November and 24 November 2004 and a joint hearing of the claim was held on 9 December 2004.
3. SUMMARY OF THE COMPLAINANT'S SUBMISSION
3.1 The complainant submits that she works a 39 hour, 5 day week between the hours of 8am and 12am. She is paid a basic rate of €423.96 and a Sunday premium of €84.80. The comparator, Mr. D works a 39 hour, 5 day week between the hours of 9.30am and 2am. He is paid a basic rate of €434.19 and a Sunday premium of €86.86.
3.2 The complainant argues that she and Mr. D are employed to perform the same work under the same conditions and each is interchangeable with the other in relation to the work. While both job titles are not the same, the processing and serving of food and drink in an experienced and professional manner is required of both the complainant and the comparator. The collection of bar and float keys and the collection of the float from the Safety Deposit box is required of both the complainant and the comparator.
3.3 The taking of reads on the Micros system and the processing of cash, credit card and room charges is required by the complainant and the comparator. Both the complainant and the comparator ensure that licensing laws are adhered to and both the complainant and the comparator complete requisition sheets for replacement stock. The complainant and the comparator keep the lobby area and the kitchen clean and tidy. Therefore, it submitted that the complainant and the comparator perform work of a similar nature as defined in section 7(b) of the Act.
3.4 With regard to section 7(c) of the Act, in terms of social skills, the same social skills are demanded of both as all personnel are required to present an image to the guest which is reflective of the hotel. In relation to physical effort, the demands are the same on both the complainant and the comparator as both parties work in the same area, carry out the same duties and in fact, interchange with each other. Similar visual concentration is required of both. In terms of mental effort, similar mental effort is required of both in carrying out their duties. The same technical and administrative skills are required by both the complainant and the comparator as both carry out the same duties in this area and both have the same level of responsibility.
3.5 In relation to qualifications, the complainant has 15 years practical experience working in the Conrad hotel plus a further 3 years experience in similar establishments. The comparator has served an apprenticeship as a bartender and an apprenticeship as a waiting person. The ethos of the hotel is primarily the standard of service to the guest. The hotel sets particular standards for the lobby lounge which apply to both the complainant and comparator. The complainant submits that she fulfils all the requirements as defined by the Employment Equality act, 1998 in accordance with section 7 (a), (b) and (c) and is entitled to the same remuneration as the comparator.
4. SUMMARY OF THE RESPONDENT'S SUBMISSION
4.1 The complainant is seeking equal pay with a male comparator on the grounds that she is performing 'work of equal value' with him. The respondent rejects that 'work of equal value' exists between the jobs of the complainant and the comparator. The complainant commenced employment as a Waiting Person on 2 October 1989 and still works in that position. The comparator commenced employment as a Bartender on 19 November 1990 and continues to work in that position.
4.2 In relation to rates of pay, the respondent has a sole entity agreement with SIPTU and the rates of pay for all unionised employees are negotiated with SIPTU. Both the complainant and the comparator are Union members. The complainant is a former Shop Steward and the comparator is the existing Shop Steward. The complainant's weekly rate of pay is €423.96 plus a Sunday rate of €42.40 totalling €24,250.47. The comparator's weekly pay is €434.19 plus a Sunday rate of €43.42 totalling €24,835.48.
4.3 In relation to hours of work, the complainant works a 5/7 roster encompassing a 39 hour week. The actual shifts vary and are broken down into three classical patterns, namely, early, middle or late. The early shift starts at 8am and the late shift finishes at 12.00 midnight. The comparator also works a 5/7 roster encompassing a 39 hour week. His shift pattern is similar to that of the complainant apart from the finish of the late shift. The Bar roster provides for a 2.00am finish time.
4.4 In relation to the complainant's claim under section 7(c) of the Act that her work is of equal value to the comparators, the respondent does not accept that work of equal value exists. There is significantly greater skill, physical effort, responsibility and more onerous working conditions in respect of hours involved in the job of the comparator compared to that of the complainant.
4.5 Waiting Person
Skill
A Waiting Person prepares teas and coffees and delivers food prepared by Chefs. They need to be proficient in the ordering and delivery of guest orders. The complainant has 16 years service as a waiting person.
Mental Effort
Product knowledge and familiarity with legislation peculiar to a Bar is required. A Waiting Person must be particularly knowledgeable on food.
Responsibility
The complainant is responsible for:
Ensuring that the stillroom dry goods area is fully stocked and has sufficient back up stock.
Having the correct crockery and correct glassware.
Ensuring that all preparation and service areas both inside and outside the stillroom are kept neat and tidy.
Filling out dry goods requisitions.
Carrying out a stillroom dry goods stocktake.
Handling the Lobby float.
Having product knowledge of the food menu.
Handling a float of €125.00
Physical Effort
Only the lifting and carrying of a service tray is involved. Trays within the area would largely consist of items peculiar to moving coffee, sandwich lunch, afternoon tea or evening drinks.
Working Conditions
The complainant spends her time 'on the floor' and is usually assigned to a specific number of guest tables. The Waiting person is not expected to attend behind the bar. The complainant's latest shift finishes at 12.00am.
4.6 Bar Person
Skills
A Bar Person is expected to know how to mix, pour and garnish drinks. They specifically need to know how to make cocktails. Qualified Bartenders have been through a four-year apprenticeship course which the comparator has completed and he has 44 years experience.
Mental Effort
The requirements in this area are largely similar to that of the complainant apart from specifics in relation to cocktail recipes.
Responsibility
The Bar Person pours and mixes drinks and is responsible for:
Ensuring that the bar is fully stocked and has sufficient back-up stock.
Having the correct garnishes and the correct glassware.
Ensuring that all preparation and service areas both inside and outside the counter are kept neat and tidy.
Breaking down the bar liqueur and spirits every evening and replacing them in the morning.
Changing kegs in the keg room.
Filling out beverage requisitions.
Carrying out a bar beverage stock take.
Handling the bar float.
Physical Effort
The duty of the Bar Person in terms of changing beer kegs involves a lot of physical effort. A Waiting Person would never carry out this duty.
Working conditions
Although the comparator is employed as a Bar Person, he is extremely flexible in offering to cover 'the floor'. At such times, the working conditions are identical to the complainant. The question of working hours is different and the comparator is obliged to work until 2am as part of his roster.
5. CONCLUSIONS OF THE EQUALITY OFFICER
5.1 The issue for decision in this claim is whether or not the complainant is entitled to equal pay with the named male comparator in terms of Sections 19 of the Employment Equality Act, 1998. In making the decision in this claim, I have taken into account all of the submissions, both written and oral, made to me by the parties. I have also taken into account the work inspections I undertook of the work of the complainant and the named comparator and my job descriptions for the complainant and the named comparator are set out at Appendices 6 and 7 respectively.
Gender Discrimination Claim
5.2 The complainant is seeking equal pay with a named male comparator on the grounds of gender in terms of Section 19(1) of the Employment Equality Act, 1998. She alleges that she performs 'like work' with a named male comparator in terms of Sections 7 (a), (b) and (c) of the 1998 Act. The Labour Court in the case of Dowdall O' Mahoney & Co. Limited v. The Irish Transport and General Workers Union1 which dealt with a claim in relation to general operative factory work, considered the three subsections of Section 3 of the Anti-Discrimination (Pay) Act, 1974 which were substantially the same as the like work provisions of the 1998 Act. The Court found in that case that the work of the claimants
and comparators was similar. It stated that:
"It is the intention of section 3(b) to cover claims from persons employed in such situations as opposed to persons employed on the same work which is covered by Section 3(a), e.g. two bus conductors or work that is not the same or similar which is covered by Section 3(c), e.g. a clerical worker and a general operative worker."
The Supreme Court stated subsequently in relation to Section 3(c) that:
"No doubt that condition extends to cases where the work performed by the two persons or groups is dissimilar in nature, and perhaps radically so, ..... "2
The 'same work' 'similar work' and 'work of equal value' are distinguishable aspects of like work. The three subsections are exclusive and provide for claims of like work to be made in different work situations. Having conducted job evaluations in this case, I consider that this claim is more appropriate to a claim under Section 7(a) or 7(b) and is not a claim which is appropriate under Section 7(c). In the event that I find that the claimant and the comparator were engaged in like work under either subsection (a) or (b) during the period in question, I must consider the respondent's contention that there are grounds other than gender for the difference in pay.
Section 7(a)
5.3 Section 7(a) of the Employment Equality Act, 1998 provides in relation to the work which one person is employed to do, another person shall be regarded as employed to do like work if:
"both perform the same work under the same or similar conditions, or each is interchangeable with the other in relation to the work,"
The complainant is primarily involved in the service of food and drinks. The comparator is also primarily involved in the service of food and drinks. Whilst the comparator is rostered to work behind the bar, he submitted that most of the business originates (approximately 99%) from the floor and he takes orders for food and drinks from tables on the floor. The complainant is rostered to work on the floor but goes behind the bar to serve drinks as required (if the bar person is busy) and she covers the breaks of the bar person. She may also cover part of his lunch break if the person coming from the main bar is late. The comparator covers the complainant's breaks. When the complainant covers for the comparator, it is not the case that some of his normal duties are not carried out by her because a different level of skill or knowledge is required and customers are served as in the normal course of events. There is no demarcation of tables for service by staff and the bar staff and waiting staff work together as a team to serve customers without demarcation of duties. Both handle cash, keys and the float and process credit card and room charges. The conditions in which both work are the same. When on the late shift, the complainant finishes at 12.00 midnight whereas the comparator finishes at 2am when on the late shift. I note that the later working time of the comparator when he is on the late shift is compensated by the payment of a night differential premium in accordance with the rates agreed between SIPTU and the respondent. I find that the complainant and the comparator perform the same work under the same or similar conditions and each is interchangeable with the other. They therefore perform like work in terms of section 7(a) of the Employment Equality Act, 1998.
Section 7(b)
5.4 Section 7(b) of the Employment Equality Act, 1998 provides in relation to work which one person is employed to do, another person shall be regarded as employed to do like work if -
(b) the work performed by one is of a similar nature to that performed by the other and any differences between the work performed or the conditions under which it is performed by
each either are of small importance in relation to the work as a whole or occur with such irregularity as not to be significant to the work as a whole".
The work performed by both the complainant and the comparator is similar. There are some minor differences between the work performed by both but there are no differences in the conditions under which the work is performed. Apart from the main functions of preparing drinks and serving food and drinks, the complainant (or one of the other floor staff) may be involved in a thorough clean of the galley kitchen once a day which the comparator does not get involved in. On a daily basis, the comparator brings back a bag of ice from the kitchen when he is coming back from his break. The complainant does not perform such a duty. The comparator puts the bar stock away at the end of a shift if he is on the late night shift or restocks it at the beginning of a shift if on the early morning shift. If on the early shift, he cleans the counter behind the bar and the brass and also slices lemons. When on the early shift, the complainant collects the bar and float keys and the float and the comparator takes out the float and cash at 5.30pm and also when on the late shift, he deposits the float, cash and keys. Both prepare cocktails as required and both may intermittently change kegs though it is not either person's duty as it is the duty of the main bar staff who are contacted when a barrel needs changing. Both perform stock taking duties and requisition stock (albeit different types of stock) if on the appropriate shift to do so. I am satisfied, following my work inspections that the work performed by the complainant is similar to that performed by the named male comparator. I consider that any differences in the work performed are of such small importance in relation to the work as a whole or they occur with such irregularity as not to be significant to the work as a whole. The complainant and comparator therefore perform like work in terms of section 7(b) of the Employment Equality Act, 1998.
5.5 Neither the complainant nor comparator has any formal qualification although the comparator served an apprenticeship as a Bartender with a particular establishment for a particular period and that was reflected in his pay at that time. In any case, the Labour Court has stated in a case concerning equal pay:
"..., in deciding whether or not the work of the comparator is of equal value to that of the complainant it is the actual duties performed which are relevant and not the qualifications held by the respective parties."3
Grounds other than gender
5.6 Section 19(5) of the Act provides that:
".... Nothing in this Part shall prevent an employer from paying, on grounds other than the gender ground, different rates of remuneration to different employees."
The respondent submitted that the rates of pay for the different positions are negotiated with SIPTU as part of an existing collective agreement. It submitted "The only ground other than gender is the fact that the rate of pay for the claimant and the comparator were negotiated with SIPTU as part of an existing collective agreement. Gender does not come into the reckoning in agreeing rates of pay." I note that there are three bar staff all of whom are male. There are currently and were at the time of the referral four waiting staff, one male and three female. Accordingly, 100% of the bar staff is male and 75% of the waiting staff is female. The European Court of Justice has stated in a case brought by a speech therapist who belonged to a group who were predominantly female and were receiving less pay compared to a group of pharmacists who were predominantly male:
"...., if the pay of speech therapists is significantly lower than that of pharmacists and if the former are exclusively women while the latter are predominantly men, there is a prima facie case of sex discrimination, at least where the two jobs in question are of equal value and the statistics describing that situation are valid."4
5.7 The Court went on to hold that:
"....., where significant statistics disclose an appreciable difference in pay between two jobs of equal value, one of which is carried out almost exclusively by women and the other predominantly by men, Article 119 of the Treaty requires the employer to show that the difference is based on objectively justified factors unrelated to any discrimination on sex."
In that case, the employer sought to rely as sufficient justification for the difference in pay upon the fact that the rates of pay for the jobs in question were decided by collective bargaining processes. The Court held:
".... the fact that the respective rates of pay of two jobs of equal value, one carried out almost exclusively by women and the other predominantly by men, were arrived at by collective bargaining processes which, although carried out by the same parties, are distinct, and, taken separately, have in themselves no discriminatory effect, is not sufficient objective justification for the difference in pay between those two jobs."
5.8 In the case before me, I have found that the complainant and the comparator are engaged in like work. The respondent submitted that the rates of pay for the different positions are negotiated with SIPTU as part of an existing collective agreement and that gender is not a factor in agreeing rates of pay. However, in the light of the European Court of Justice findings in the Enderby case, the respondent cannot rely on the collective bargaining process as objective justification for the difference in pay. Furthermore, the Court noted in that case that if the employer could rely on the absence of discrimination within the collective bargaining process (or in that case separate bargaining processes) as sufficient justification for the difference in pay, he could "easily circumvent the principle of equal pay ......." I, therefore, find that the respondent cannot rely on the collective bargaining of pay rates as valid justification for the difference in pay between the complainant and the named male comparator.
6. DECISION
6.1 In view of the foregoing I find that Ms. Clodagh Hyland performs 'like work' with the named comparator in terms of Section 7(a) or (b) of the Employment Equality Act, 1998. I find that there are no objective grounds other than gender for the difference in pay in accordance with section 19(5) of the Act and I, therefore, find that the complainant has been discriminated against by the respondent.
6.2 I hereby order that the respondent pay to the complainant
(i) arrears of pay with effect from 22 January 2000;
(ii) equal pay with effect from 22 January 2003.
__________________
Mary Rogerson
Equality Officer
22 December 2004
APPENDIX 1
JOB DESCRIPTION (standard and as submitted by both parties)
PLURABELLE/LOBBY WAITING PERSON
REPORTS TO: Restaurant Manager, Assistant Restaurant Manager
RESPONSIBILITIES
1. To greet guests with a smile, without being over-familiar, and to offer service as soon as possible after they have been seated.
2. To have a thorough knowledge of the menus and wine lists and to assist the guest in making his/her choice.
3. To process the order through Remanco ensuring that Chefs are informed of any special requests on the order.
4. To serve food in the appropriate manner and offer the correct accompaniments.
5. To serve drinks correctly and to top up wine throughout the meal.
6. To change ashtrays and to look after all the guests' needs during their visit.
7. To inform the Restaurant Manger if the guest is not happy with the food or service so that these problems can be dealt with immediately.
8. To ensure that the guest's bill is complete and correct and presented to him/her and paid before he/she leaves the Restaurant/Lobby.
9. To carry out all mise-en-place and cleaning duties as assigned by the Restaurant Manager.
10. To present oneself on time for the shift each day in clean correct uniform.
11. To ensure that tables and station areas are up to standard at all times.
12. To maintain service and standards in accordance with the standards of service as laid down for the Plurabelle Restaurant/Lobby Lounge.
13. To comply with the legislation governing hygiene, fire, health and safety at work and to adhere to the rules and regulations of the hotel.
14. To carry out any other reasonable request as made by a member of management.
APPENDIX 2
JOB DESCRIPTION (standard and as submitted by complainant and respondent)
BARTENDER
REPORT TO: Head Bartender
GENERAL RESPONSIBILITIES
To give the guest prompt and friendly service at all times ensuring that the laws governing the license and hygiene are upheld at all times.
GENERAL DUTIES
1. To ensure that your Bar is fully stocked before every service and that the necessary backup of stock is readily available.
2. To have an excellent working knowledge of all drinks available in the Bar, to have the correct garnishes and the correct glassware.
3. To have a good working knowledge of the legislation governing the licence and to work within the confines of that at all times.
4. To ensure that all preparation and service areas both inside and outside the counter are kept neat and clean at all times.
5. To ensure that every guest is greeted as soon as they come to the counter and even if you are organising drinks for one guest the next guest is acknowledged by 'good morning, good evening, I will be with you in a moment sir ,madam'
6. To ensure guest satisfaction by establishing a positive atmosphere and courteous service at all times and report any problems to the Head Bartender or Assistant Head Bartender.
7. Ensure that the proper drinking age is being adhered to.
8. To ensure that you come on duty wearing spotlessly clean and correct uniform with no badges other than your name badge.
9. To handle your cash in a professional manner and ensure your cash balances with your till receipts every night and the float remains as it was when the shift started.
10. To carry out any other request as made by the Assistant Head Bartender and Head bartender or a member of management.
APPENDIX 3
SERVICE CULTURE STANDARD: LOBBY LOUNGE (extracted from the Hotel's OPERATING MANUAL)
1. Employee will acknowledge guests within 30 seconds of arrival.
2. Guests will be invited to seat themselves or employee will accompany guest to desired table.
3. Guest will be offered drinks within 60 seconds of seating.
4. Drinks will be poured within 3 minutes of ordering.
5. Glasses will be topped up when less than 1/3 full, and refills will be offered when cup or
glass is not more than 2 minutes empty.
6. Snacks must be offered complimentary and refilled when less than ¾ empty.
7. Menu for appropriate meal period will be present on the tables.
8. Order will be taken and special request will be noted (e.g. cooking times, condiments, changes made to dish). Order will be repeated back to guest at the table.
9. Ashtrays will be emptied whenever there is one cigarette butt in it.
10. Appropriate tableware will be provided before serving order.
11. Guest order will be served exactly as the guest required, and with no confusion about who ordered what. Females will be served first.
12. Dish must be served within 10 minutes of taking order.
13. Dishes will be cleared within 3 minutes of guest(s) finishing their course.
14. Children will be welcomed to the restaurant and given special chair if necessary, drawing utensils and special children menu. Children will be served first, and service will be very attentive and quick.
15. Menus will be without spelling mistakes, will be clean, without spots, tears and will not be written on.
16. Cutlery will be clean, without spots, dirt, will not be bent or discoloured.
17. Glasses will be well-polished, clean, without cracks, smudges and fingerprints.
18. Vacated tables will be promptly cleared.
19. Employees will actively greet guests, smile, make eye contact and speak clearly in a friendly manner.
20. Employees' attention will be easily attracted within 60 seconds.
21. Employees will ensure initial satisfaction when they present the dishes by asking "Is there anything else we can bring you at this time?"
22. Check will be presented within one minute of guest request.
23. Service to the table will continue after presentation of check.
24. Checks will be picked up within 2 minutes after signature/payment.
25. Guest will be able to complete a two course meal within 30 minutes.
26. Manager will be active and visible in the room and doing a quality check with each guest. In case of a hiccup, manager will be actively involved.
27. All guest contact employees will be able to answer basic questions about the property, will take ownership of simple requests and not refer guests elsewhere.
28. Employees will create a sense of recognition by using the guest's name, when known, in a natural and discreet manner.
29. Employees will speak in a natural, courteous and attentive manner, avoiding pretension.
30. Phone service will be very efficient; answered before the 4th ring.
31. No one will be put on hold longer than 15 seconds, or in case of longer holds, a call back will be offered and provided in less than three minutes.
32. Employees on the phone will sound calm and organized, and will give the caller an unhurried impression.
33. Telephones will be answered the following:
"Good morning/afternoon/evening, Lobby Lounge, this is (name), how may I help you?"
34. F & B employees will be knowledgeable about F & B products, and able to discuss them effectively with guests.
35. Employees will always appear crisp, clean, polished and well fitted, wearing a name
badge on their left lapel.
PURPOSE:
To provide superior service in a relaxed environment as a good alternative to dining in one of the restaurants.
APPENDIX 4
BAR TENDER'S DUTIES (as submitted by complainant)
9.30am Shift
Collect bar and float keys (if they have not already been collected by person on 8am shift)
Collect float from safety deposit box, count same. Ensure float at 400 euro and that sufficient change available.
Take read on Micros system and take cash takings from lounge float.
Set up and stock bar with spirit and wine stocks and prepare sliced fruit etc.
N.B. Timing of this is totally dependent on business levels. Guests come first and services to them take priority.
Assist in service on Lobby floor area and bar.
Greet guests and process their orders in line with prevailing Conrad standards.
Serve bar beverages.
Process cash and credit card/room charges.
Ensure both bar and all tables are kept clean and serviced.
Process orders for restaurant/room service banqueting staff.
Liaise with the stores re requisitions and ensure they are removed from the hoist and placed in their assigned areas.
Assist in the washing of all delph/glassware.
Clean brass as required.
Cover breaks for floor staff in the mornings taking over their duties and ensuring clear communication re outstanding orders/bills and guest requirements.
Liaise with Alfie Byrne's regarding cover for lunch breaks.
Assist with the cleaning of the kitchen.
Spot check cash float at end of shift and liaise with Alfie Byrnes's to ensure cover until late shift commences.
5.30pm Shift
Collect keys for late float. Collect same and ensure correct money in place and supply of change.
Liaise with whoever is covering from Alfie Byrne's, take read and commence shift with late float in place.
Carry out general duties as above, assisting when necessary on the floor, and processing both food and drink orders at the bar. Process orders for restaurant/room service/banqueting staff.
Post 9pm ensure no minors in bar area. Check for i.d. regarding age requirements. Ensure relevant legislation adhered to.
Ensure cover from Alfie Byrne's during meal breaks.
Ensure floor staff cover bar during coffee break or when absent from bar area e.g. collecting food orders from kitchen, changing kegs. Floor staff cover meal breaks when none available from pub.
Request assistance at the bar from floor staff when required e.g. making of liqueur coffees, hot whiskies, cocktails.
Sunday, Tuesday and Thursday - Write requisitions regarding replacement stock. Liaise with floor staff regarding items required from General Store and ensure they go on general
requisitions.
When floor staff leave at 12 midnight continue service to residents of the hotel including food service. Close bar at 2am and ensure all stocks removed and secured. During busy periods attend to guests orders after 2am and liaise with night porters/night manager re the appropriate time to close the bars.
Take read, remove cash from till. Drop cash takings and all relevant paperwork i.e. Room
charges/credit card slips with night manager/auditor.
APPENDIX 5
General Duties -Lobby Lounge Person (as submitted by complainant)
8am shift
Collect float key for early float and bar/float keys for bar shift commencing 9.30am.
Collect float from safety deposit box, count and ensure float correct and suitable change available.
Take a read on micros system to ensure no overlap from previous shift that may affect read for present day.
Ensure menus/no smoking signs on each table and at bar.
Greet guest and process orders as per CSCS standards.
Serve bar beverages as ordered subject to licensing restrictions. Serve beverages to Restaurant/Room Service staff as required including alcoholic beverages where applicable.
Process bills through Micros system and credit card machines where applicable. Close off bills with particular attention to room-charges as guest may be about to check out.
Ensure correct mise en place with particular regard to items that need to be brought up from the main store areas in basement.
When bar person comes on duty, cease using current float, take a read from Micros and ensure cash balances and float remains at correct figure. This takes place at approx 9.45am but is dependent on business levels. When busy bar staff assist with service on the lobby floor area.
When bar person busy prepare and serve beverages as per CSCS Standards.
Transfer cash takings to bar cash plus room-charges and credit card slips and return early float to safety deposit box.
Ensure wine lists are placed on tables at 10.30am.
Ensure licensing laws adhered to.
Continue service to guests with assistance of bar.
Wash all dishes and glassware and ensure kitchen remains well stocked of all items and clean.
11am Shift
As above except for early float duties.
At peak periods to prepare and serve drinks and to continue cashiering duties using bar till and to process credit card/room charges ensuring no backlog that may clog micros system. This includes bar service to Restaurant/Room Service/Banqueting staff.
Collect menu items for afternoon tea and to collect requisitions and put same away.
3.30pm Shift
Continued service to guests and to ensure required items are placed on Requisition Sheets and signed by relevant manager for collection the following day.
Closing duties:
Ensure all guests served and relevant bills processed. Ensure licensing laws have been adhered to, checking for i.d./guest cards when required.
Complete all kitchen-cleaning duties removing extra dishes to main kitchen and bringing used linen to laundry.
Liaise with bar staff and night porter re any outstanding guest bills.
APPENDIX 6
Equality Officer's Job Description for the complainant
Name: Ms. Clodagh Hyland
Job Title: Lounge Person
Reports to: Supervisor - Plurabelle i.e. The Restaurant Operations Manager or Assistant Restaurant Manager
Number of Staff: 0
Organisation: The Conrad Hotel
Location: Dublin
Hours of Work: Three rotating shifts 8am-4.30pm, 11am-7.30pm and 3.30pm - midnight
Salary: €24,250.47
Collecting the bar keys and the float
The complainant collects keys for the bar and the float from Human Resources when on the early shift. There are two tills and when the bar person starts at 9.30am, the float is transferred to the till inside the bar. Since July 2004, there is only one float of €400.00, prior to that there were two floats, one for the bar (€400. 00) and one for the lobby area (€125.00). The complainant takes reads from the micros system and checks the breakdown of cash at 9.30am when the float is changed over to bar. The transactions become part of the bar float after that time. The complainant uses the micros system to close off bills and room charges. The complainant does not do anything with the float at the changeover at 5.30pm as that is done by one of the bar staff from the main bar.
Service of drinks and food
The complainant serves teas, coffees, breakfasts, drinks and light lunches. She serves the drinks from behind the bar (depends on availability of the bar person and whether busy) or she collects them from the bar person. Teas and coffees are prepared in the galley kitchen beside the bar and served. Scones and breakfast pastries are also served from the galley kitchen where they are stocked. Lunches and soups are collected from the main kitchen and then served.The complainant prepares cocktails as required. She has a working knowledge of cocktails and can refer also to a cocktail book which is kept behind the bar.
Covering for others
The staffing in the lobby bar area normally consists of one bar person and two floor staff. The complainant covers break time for the bar person and may cover part of the lunch break if the person coming from the main bar is late. Generally lunch breaks will be covered by the main bar staff.
Changing kegs
The complainant has very rarely changed kegs as the normal procedure is to ring the bar staff in the main bar and ask them to do it.
Requisitioning stocks
The complainant requisitions stocks for food items and non-food items depending on whether she is on the late shift the night before (each Sunday, Tuesday and Thursday). Food items include but are not limited to tea, coffee, sugar, mustards and condiments for the bar. Non food items include cocktail sticks, swizzle sticks, straws, wine lists and menus.
Washing delph/glass
The complainant is involved in putting delph and glasses through the dishwasher in the galley kitchen on a continuous basis throughout the day. Plates for lunches go back to the kitchen.
Cleaning the galley kitchen
At 3pm each day, the galley kitchen is cleaned thoroughly. The complainant or her lobby waiting colleague do this. All food surfaces are cleaned and the floors are swept and mopped.
Dismantling and preparing the bar
The complainant would never be involved in dismantling the bar and storing away the stock at the end of the day. On occasion when she was not very busy, she has prepared the bar for the day by cleaning the surface and restoring the drinks to the counter behind the bar.
APPENDIX 7
Equality Officer's Job Description for the comparator
Name: Mr. D
Job Title: Bartender
Reports to: The Assistant Food & Beverage Manager
Number of Staff: 0
Organisation: The Conrad Hotel
Location: Dublin
Hours of Work: 5.30pm - 2.00am, 9.30-6.00pm and 9.30-4.00pm
Salary: €24, 835.48
The keys and the float
There are two tills and when the bar person starts at 9.30am, the float is transferred to the till inside the bar. The comparator does not do anything with the float at the changeover at 5.30pm as that is done by one of the bar staff from the main bar. The comparator picks up the bar keys if not already picked up by the waiting person on the early morning shift and if he is on the late shift, he drops the float and cash to the relevant persons.
Service of drinks and food
The comparator serves teas, coffees, breakfasts, drinks and light lunches. Teas and coffees are prepared in the galley kitchen beside the bar and served. Scones and breakfast pastries are also served from the galley kitchen where they are stocked. Lunches and soups are collected from the main kitchen and then served. He serves customers wherever business takes him and submitted that 99% of business is on the floor and generally people do not sit at the bar. Once he takes an order from a table, he continues service on that table regardless of what is ordered until the customers have gone. Neither the bar staff nor waiting staff have responsibility for set tables. The comparator prepares cocktails. Generally, he knows what's in them but if he does not know
and it's not in the book, he asks the persons ordering.
Covering for others
The staffing in the lobby bar area normally consists of one bar person and two floor staff. The comparator covers break times for the waiting persons on a regular basis.
Changing kegs
The comparator very rarely changes kegs as the normal procedure is to ring the bar staff in the main bar and ask them to do it. He has on the odd occasion changed kegs, for example, once every three months.
Requisitioning stocks
The complainant requisitions stocks for minerals, beers, wines and spirits depending on whether he is on the night before each Sunday, Tuesday and Thursday.
Washing delph/glass
The comparator is involved in putting delph and glasses through the dishwasher in the galley kitchen on a continuous basis throughout the day. Plates for lunches go back to the kitchen. He is not involved in the thorough clean of the galley kitchen once a day.
Dismantling and preparing the bar
The comparator dismantles the bar and stores away the stock at the end of the day if he is on the late shift. When on the early shift, he cleans the surface behind the bar and restores the drinks to the counter behind the bar. He cuts lemons, polishes glasses and the brass behind the bar.
1 DEP687 11 September 1987
2O' Leary v. The Minister for Transport 1998 Vol 9 ELR 113
3Dublin Institute of Technology v. McEvoy ADE/02/1 Determination No: 032 21 January 2003
4 Enderby v. Frenchay Health Authority and anor Case C-127/92 ECR 1993 Page I-05535