Miss Campbell v Free Test Company UK Ltd: 1400418/2019
JUDGMENT
The Unanimous Judgment of the Tribunal is as follows: Direct Discrimination Contrary to section 13 and/ or section 18 Equality Act 2010[1]The Respondent unlawfully discriminated against the Claimant on grounds of pregnancy in contravention of section 18 Equality Act 2010 by i. Suspending the Claimant and sending her home from work on December 12 2018; ii. Subjecting the Claimant to a disciplinary investigation in respect of allegations about mobile phone use, internet misuse and invigilation in December 2018; iii. Subjecting her to disciplinary sanctions in respect of her use of the internet in December 2018.[2]The Claimant was not unlawfully discriminated against contrary to section 18 Equality Act 2010 in respect of disciplinary sanctions imposed on her for mobile phone use at work or in respect of registration for invigilation. Her claims in this respect are not well founded and are dismissed.[3]The Respondent did not contravene section 18 or section 13 Equality Act 2010 in the way that it dealt with the Claimants grievances in July 2019, or by dismissing the claimants grievances. The Claimants claim that she was discriminated against on grounds of sex or pregnancy and/or maternity is not well founded and is dismissed[4]The Respondent did not contravene section 18 or section 13 Equality Act 2010 in failing to allow the Claimant an appeal hearing and refusing an appeal hearing in August 2019 against Disciplinary sanction. The Claimants claim that she was discriminated against on grounds of sex or pregnancy and/or maternity is not well founded and is dismissed Harassment on grounds of sex contrary to section 26 Equality Act 2010[5]The Claimants claim that she was harassed on grounds of sex succeeds as follows: The Respondent was in contravention of section 26 Equality Act 2010, in that Mr Hipwell Larkin harassed the Claimant on grounds of sex, in respect of the allegations of i. Comments made to the Claimant by Mr Hipwell Larkin in a meeting on 26 November 2018; ii. Comments and actions of Mr Hipwell Larkin in Sainsburys car park on 22 November 2018; iii. Comments of Mr Hipwell Larkin to the Claimant on 11 December[6]The Respondent did not contravene section 26 of the Equality Act 2010 by the comments made to the Claimant by Mr Hipwell Larkin on 15 October 2018 and her claim that she was harassed on grounds of sex in this respect only is therefore dismissed. Remedy Declaration[7]The Claimant was discriminated against on grounds of pregnancy contrary to section 18 Equality Act 2010 and was harassed on grounds of sex by Mr Hipwell Larkin contrary to section 26 Equality Act 2010. Award for Injury to feeling[8]The Respondent will pay to the Claimant the sum of £9000.00 for Injury to feeling in respect of the acts of discrimination and harassment found proved against the Respondent.