A BISTRO supervisor claimed her former employer had criticised her dress sense and sent her lewd text messages, an employment tribunal heard.

But Ann Page Sowden, from The Willows, Torquay, lost her case of sexual discrimination and unfair dismissal against the Steps Bistro.

Judges sitting at the Exeter employment tribunal heard Mrs Page Sowden left her job at the bistro after a discussion with her boss, Robert Gill, over the way she conducted herself in the restaurant and allegations she had spoken to customers about 'doing her best to get the sack'.

Mr Gill told the hearing Mrs Page Sowden's appearance changed after the initial job interview in January 2008 and her dress, manner and image were 'not appropriate' for the bistro.

He claimed she wore tops which revealed her cleavage and hipster-type trousers or shorts which revealed tattoos on her lower back and calves.

The tribunal also heard Mr Gill had received several letters from customers complaining about Mrs Page Sowden's dress sense and her 'new age manner' which they did not feel was in keeping with the bistro's smarter image.

Witness and regular customer Lorraine Goodrich said: "It was a very gradual change like having an inch cut off your hair everyday.

"She changed her clothes, which were getting smaller. We used to remark on her boobs as she told us she had a boob job.

"She said when you spend that much money on them you needed to show them off. We laughed about it at the time and she even let me touch one of them."

Mr Gill said Mrs Page Sowden's appearance had changed so much from the first interview that he and a colleague 'did a double take' at the way she was dressed.

"She had a low cut top on and it showed the tattoo on her back. She had a piercing in her chin which was not evident in interview.

"We both decided I needed to talk to Ann about her dress sense," he recalled.

Mr Gill said he spoke to Mrs Page Sowden about her image informally, but he never issued a formal warning because staff at the restaurant were like 'a family'.

Mrs Page Sowden told the hearing Mr Gill had not reprimanded her about her appearance until their relationship began to sour in October 2008 when her hours were reduced by mutual consent, partly to help save money in the economic downturn.

Mr Gill's partner, Raymond Gale, was brought in to cover her shifts.

The tribunal was told Mr Gill did not officially reprimand Mr Gale for failing to turn up to work on one occasion or for sporting a spiky, multicoloured hairdo while working at the bistro.

"Raymond dressed in a much more outlandish fashion than myself and not once was he reprimanded or told to change his appearance," Mrs Page Sowden said.

She also claimed Mr Gill had told Mr Gale he wished she would 'just take the hint and leave'.

The tribunal was also told about lewd text messages sent to Mrs Page Sowden from Mr Gill which had begun as jokes, but which she later found 'very offensive' and asked him to stop sending them to her.

Summing up, judge Christopher Carstairs said the claims of sexual discrimination and breach of contract had failed because there was no evidence that the way Mr Gill acted towards Mrs Page Sowden was dictated by sex.

He said many of the employees had their hours cut to save money and Mr Gale was being paid cash in hand to avoid national insurance and tax expenditures.

He also said Mr Gill had spoken to Mr Gale about his appearance, albeit in their home, and he had 'to a large extent' adhered to the bistro dress code.

After the decision, Mrs Page Sowden said: "I am not disappointed. I did not take the action for financial reasons."