C v G and P: 2307635/2020

EMPLOYMENT TRIBUNALS
Case No 2307635/2020
CClaimantG and PRespondent
Employment Judge MortonMs J Linford (instructed by Counsel) for claimantIn person for respondentDate 18 March 2022

JUDGMENT

[1]The Claimant’s claims of:a. unfair dismissal under s98 Employment Rights Act 1996;b. direct sex discrimination under s13 Equality Act 2010 (“Equality Act”);c. harassment related to sex and sexual harassment under s26 Equality Act; andd. unpaid holiday pay were all brought within the applicable statutory three-month time limit and the Tribunal accordingly has jurisdiction to hear them.[2]All of the claims succeed save that the Claimant’s dismissal was not an act of direct discrimination or harassment. Case Number: 2307635/2020[3]The Claimant is entitled to the following by way of remedy:a. £300 for loss of statutory rights in the unfair dismissal claim;b. £30000 for injury to feelings in the Equality Act claims, which incorporates £5000 for aggravated damages;c. Interest on the injury to feelings award from 17 March 2019 to 17 March 2022 at 3% per annum amounting to £2702.47;d. £341.10 for accrued holiday pay. The total award is therefore £33,343.57, payable immediately.[4]We make a recommendation under s124(3) Equality Act that the Second Respondent remove from his phone and any app or other medium whatsoever to which he has access or uses for the storage of information in any form, any images of the Claimant whether explicit or not.[5]We make no separate award of compensation for unfair dismissal as the Claimant has received a statutory redundancy payment and the procedural unfairness of her dismissal resulted in no financial loss to her.