The Courier & Advertiser (Fife Edition)

Supervisor who pinched colleague’s bottom fined.

Coffee shop boss was off duty and had been drinking

- GARY FITZPATRIC­K

A Starbucks supervisor has been fined for pinching a female colleague on the buttocks as she cleaned dishes.

Coffee shop boss Terry Nicol was sacked after the incident.

Nicol, 27, was off-duty and had spent the day drinking and watching football before dropping in at his workplace.

Nicol, of Factory Road, Cowdenbeat­h, admitted behaving in a threatenin­g or abusive manner by seizing the woman by the buttocks on December 2 in Starbucks at Fife Leisure Park in Dunfermlin­e.

Depute fiscal Claire Kennedy told Dunfermlin­e Sheriff Court that the woman and her colleagues were carrying out their duties at the drivethrou­gh at 7.15pm when Nicol arrived.

It was noted that he appeared to be under the influence of alcohol.

“He was at the counter and went around into the serving area where the complainer was cleaning dishes at a sink.

“There was a conversati­on between them and she moved to another sink with her back to the accused.

“She then felt him lean behind her and he pinched her on the buttocks.

“She told him not to touch her and shortly afterwards he left,” she added.

Solicitor Sarah Meehan said Nicol had worked at that restaurant for two years and had been made a supervisor. “That day he was not working. “He had been consuming alcohol throughout the day, having been at the football.

“He says they exchanged banter and he went behind the counter.

“He pinched her on the buttocks, which was part of the banter and he thought she would find it funny but he misread the situation.

“She told him to get his hands off her and he did.

“As a result of the incident, there were disciplina­ry proceeding­s and he lost his employment.

“He acted out of character on this occasion. In his mind this was a joke that has gone wrong.”

Sheriff Derek Reekie ruled there was not a significan­t sexual element involved in the offence.

As a result, Nicol was not placed on the sex offenders register, but he was fined £450.

He acted out of character on this occasion. In his mind this was a joke that has gone wrong. SOLICITOR SARAH MEEHAN

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