Ms O Stenstrom v Mr C Jones and Ms M Pinkert T/a Haus Coffee: 1601266/2022
JUDGMENT
[1]The following claims are well-founded and succeed: 1.1. Harassment in relation to the protected characteristic of sexual orientation. 1.2. Victimisation. 1.3. The Respondents failed to provide written employment particulars to the Claimant.[2]The following claims are not well-founded, fail, and are dismissed: 2.1. Wrongful Dismissal (dismissal in breach of contract in relation to notice of termination). 2.2. Direct Discrimination in relation to the protected characteristic of sexual orientation. Case Number: 1601266/2022 2.3. That the respondents unreasonably failed to comply with the applicable ACAS Code.[3]The following claims are dismissed upon withdrawal, upon settlement between the parties: 3.1. Unauthorised deduction from wages. 3.2. Failure to pay holiday pay.[4]REMEDY: By CONSENT, the hearing is adjourned to allow the parties to implement the agreed terms of settlement. Either party may apply to restore the case for further hearing, (a Remedy Hearing only), in default. If no such application is received by 4 p.m. on Friday 5th January 2024 the application and claim for a remedy (pursuant to the liability judgment above) shall be dismissed on deemed withdrawal.