Miss K Acaster v Eden Mobility Ltd: 1802982/2021
JUDGMENT
[1]The contract of employment between the claimant and the respondent included a sex equality clause that her remuneration would be no less favourable than that of Stephen Deverew, whose work was equal to the claimant’s.[2]The respondent breached the sex equality clause by paying the claimant £4,000 less per annum than it paid Mr Deverew.[3]The respondent shall pay to the claimant arrears of pay arising from the breach in the total sum of £6,897.39 and interest thereon of £965.63 (see schedule).[4]The respondent unfairly dismissed the claimant.[5]The respondent shall pay compensation for the unfair dismissal in the sum of £9,300 (see schedule). The recoupment provisions do not apply.[6]The decision is unanimous.[7]A direction was made under section 85A of the Courts Act 2003 to allow remote observation of the hearing. Case No. 1802982/2021 SCHEDULE Arrears of Pay 11 February 2019 – 23 March 2020, 13 months @ £333.33 = £4,333.33 24 March 2020 -19 July 2020, 3 months @ £266.66 [80%] = £799.98 20 July 2020 – 13/10/20, 3 months @ £333.33 = £1,000 13/10/2020 – 3/1/21 in receipt of sick pay 3/1/21 – 1/2/21, 1 month @ £333.33 = £333.33 2/2/21 – 23/3/21, 7 weeks @ £61.54 [80%] = £430.75 Total arrears: £6,897.39 Interest at 8% per annum, being £551.79 from the mid-point of the commencement of the unlawful conduct and the date of hearing which is 1.75 years. Total interest on arrears: £965.63 Unfair dismissal Compensatory award Loss of earning for 6 months net £8,800 Loss of statutory rights £500 Total: £9,300