Miss E Flynn v Rochdale AFC Community Trust: 2409305/2023
JUDGMENT
The unanimous judgment of the Tribunal is as follows: Liability[1]It is just and equitable to extend time to 18 September 2023 to enable the Tribunal to have jurisdiction over the complaint of sexual harassment. That complaint is well founded. On 29 April 2023 the claimant was subjected to harassment related to sex contrary to section 26 Equality Act 2010.[2]The complaints of breach of contract and of a breach of the Working Time Regulations 1998 in relation to hours worked on a residential trip in August 2023 fail and are dismissed.[3]The complaints of victimisation contrary to section 27 Equality Act 2010 fail and are dismissed.[4]The claimant’s resignation was a constructive dismissal under section 95(1)(c) Employment Rights Act 1996. The unfair dismissal complaint is well founded. The claimant was unfairly dismissed. Remedy[5]For unfair dismissal the Tribunal makes a basic award of £692 but no compensatory award. The recoupment regulations do not apply.[6]For harassment the Tribunal makes an award of £8,500 compensation for injury to feelings together with interest of £1,781.60, making a total of £10,281.60.[7]The total amount payable by the respondent to the claimant under this judgment is £10,973.60. Approved by