Miss R Hanson v Highfield Awarding Body for Compliance Ltd T/a Highfield Qualifications: 1806586/2023
EMPLOYMENT TRIBUNALS
Case No 1806586/2023
Between
Miss R HansonClaimantHighfield Awarding Body for Compliance Ltd T/a Highfield QualificationsRespondent
Before
Employment Judge Brain
Members
Mr M LewisMrs S RobinsonIn person for claimantMs K Barry (instructed by Counsel) for respondentDate 21 August 2024
JUDGMENT
The Judgment of the Employment Tribunal is that: Unfair Dismissal[1]The respondent dismissed the claimant by reason of redundancy. The respondent unfairly dismissed the claimant.[3]No basic award is payable by the respondent as the claimant received a statutory redundancy entitlement at around the time of the dismissal and the dismissal was by reason of redundancy.[4]There shall be no reduction to the compensatory award to reflect the chance that the claimant would not have continued in employment with the respondent but for the actions taken by the respondent in unfairly dismissing her.[5]Remedy shall be determined at the remedy hearing listed for 11 December 2024. Equality Act 2010 1. The claimant’s complaint of indirect discrimination in relation to the relevant protected characteristic of sex brought pursuant to section 19 (when read in conjunction with section 39(2) of the Equality Act 2010) succeeds. Case Number: 1806586/2023 2. By consent, the claimant’s parents were at the relevant time with which the claim is concerned disabled for the purposes of the 2010 Act. 3. The following complaints fail and stand dismissed: 3.1. That the respondent discriminated against the claimant pursuant to section 13 (when read in conjunction with section 39(2) of the 2010 Act) by reason of the claimant’s association with her parents. 3.2. That the respondent subjected the claimant to indirect discrimination by way of association with her parents and in relation to their disabilities (brought pursuant to section 19 when read in conjunction with section 39(2) of the 2010 Act). 4. Remedy upon the successful discrimination complaint in paragraph 1 shall be determined at the remedy hearing listed for 11 December 2024.[1]It is declared that the respondent indirectly discriminated against the claimant by reason of the protected characteristic of her sex and that accordingly her claim brought pursuant to Section 19 (when read in conjunction with Section 39(2) of the Equality Act 2010) succeeds.[2]The Tribunal declines to make any recommendation in the terms suggested by the claimant or otherwise as there is none which will serve the purposes of obviating or reducing the adverse effect upon the claimant of the discriminatory conduct in paragraph 1.[3]The claimant is awarded compensation for financial losses as follows: 3.1. Loss of earnings - £1,848.92. 3.2. Loss of employer’s pension contributions - £1,056.62. 3.3. Job seeking expenses - £140.40. 3.4. Interest on the above items at 8% per annum from the mid-point of the loss - £147.54. 3.5. Total - £3,193.48.[4]The claimant is awarded non-pecuniary compensation as follows: 4.1. £22,000 by way of compensation for injury to feelings of which £2,000 is for aggravate damages- £22,000.00 4.2. Interest on £22,000 from 1 June 2023 at 8% per annum £2,131.29 4.3. Total £24,131.29.[5]The claimant’s application for an uplift on the compensation awarded pursuant to the 1996 Act and the 2010 Act for failure by the respondent to comply with the ACAS Code of Practice 1: Disciplinary and Grievance procedures (2015) pursuant to Section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992 is refused.[6]The claimant’s application for an award pursuant to section 38 of the Employment Act 2002 is refused.[7]The claimant’s application for a Costs Order, or a Preparation Time Order is refused.[8]The respondent shall pay to the claimant the sum of £27,824.77 within 14 days of the hearing date above.