Mr L McKenzie v Hugo Boss UK Ltd: 3201497/2018
JUDGMENT
[1]The claims of direct discrimination because of race and/or sex fail and are dismissed.[2]The claim of unfair dismissal succeeds as a fair procedure was not followed due to material failures at the appeal.[3]If a fair appeal had taken place, there is a 100% chance that the Claimant would have been dismissed in any event.[4]The Respondent unreasonably failed to follow the ACAS procedure in respect of the appeal. The compensatory award is uplifted by 10%. There is no reduction for contributory fault. The Claimant is awarded the following sums:[1]Basic award: £1,956 (4 years’ service x 1 = 4 weeks’ pay @ £489)[2]Compensatory award: £500 for loss of statutory rights. The Claimant did not suffer any loss of earnings by reason of the unfairness at the appeal stage. ACAS uplift on the compensatory award: £50