X v LR C&R Ltd: 2300246/2023
JUDGMENT
[1]The employment status of the Claimant is that he was an employee of the Respondent at the material time.[2]The complaints were brought within the relevant time limit, as the allegations amounted to conduct extending over a period, which culminated in the claimant’s dismissal on 9 August 2022.[3]The Claimant’s complaint of direct discrimination on the grounds of sexual orientation is not well-founded and is dismissed.[4]The Claimant’s complaint of harassment related to sexual orientation is well-founded and succeeds.[5]The Claimant’s complaint of victimization based on sexual orientation is not well-founded and is dismissed.[6]The Respondent failed to provide the Claimant with a written statement of his terms and conditions.[7]The Respondent failed to provide the Claimant with itemised pay statements.[8]The respondent is ordered to pay the Claimant compensation in the sum of £77,861.31, calculated as follows: Calculation[1]For injury to feelings £28,000.00 (being at the upper end of the middle Vento band) Plus simple interest of £5,112,11 (from 7.4.22 (1st harassing act) to 18.7.24 (calculation date) @ 8%)[2]For financial losses Loss of earnings of £28,428.68 for 18 months (78 weeks) (being net salary of £440 per week for 78 weeks amounting to £34,320.00 minus mitigation earnings of £5,891.32) Plus simple interest of £2,595.19 (from the mid point between 7.4.22 and 18.7.24 @ 8%)[3]For failure to provide a written statement of terms and conditions: 4 weeks’ pay being £1,760.00[4]Total award Total before grossing £65,895.98 Take off first £30,000 which is tax free Gross up the remainder (£35,895.98) to account for tax payable at 25% = £47,861.31 Add back in the £30,000 (tax free) Total award = £77,861.31 This award is payable within 14 days of the date that this Judgment is sent to the parties.