Ms E Conran v Ghyllgrove Community Assocation Ltd and L Graham: 3202169/2023
JUDGMENT
The Employment Tribunal Rules of Procedure 2013 – Rule 21[1]The claim for discrimination on the grounds of sexual orientation succeeds.[2]The claim for discrimination on the grounds of sex succeeds.REASONS
[1]The Claimant issued her claim in the London East Employment Tribunal on 21 November 2023 concerning allegations of sexual orientiation and sex discrimination by the Respondent employer.[2]The Respondent has failed to submit a Response as required by Rule 16 of the Employment Tribunal's rules of Procedure 2013. That response was due to be served at the Tribunal by the 12th of March 2024.[3]Given the lack of a Response (under Rule 16) setting out the Respondent’s position, I am satisfied a default judgment should be entered against the Respondent under Rule 21(2) of the Employment Tribunal Rules of Procedure 2013. Case Number: 3202169/2023[4]A further hearing will be listed to deal with Remedy. A separate Case Management Order will be issued.[1]EJ Malik issued a rule 21 judgment in respect of the First Respondent only which was sent to the parties on 13 August 2024. However, no reference was made to the Second Respondent, Mr Lee Graham.[2]The claim for discrimination on the grounds of sexual orientation succeeds against the Second Respondent.[3]The claim for discrimination on the grounds of sex succeeds against the Second Respondent.[4]This rule 21 judgment applies against the Second Respondent given that no response was provided by the Second Respondent to the claims and there has been no engagement by him in the proceedings.[5]This does not affect the rule 21 judgment issued by EJ Malik on 13 August 2024 in respect of the First Respondent.REMEDY
[6]The First Respondent is ordered to pay the Claimant the total sum of £41,980.59 in respect of her claims.[7]The First and Second Respondent are jointly and severally liable to pay the Claimant the sum of £40,944.18 of the above-mentioned total sum and as such are ordered to pay the Claimant this sum.[8]The remedy calculation schedule below sets out the basis for the compensation awarded. REMEDY CALCULATION SCHEDULEREMEDY
[1]Details Date started employment 07/04/2022 Effective Date of Termination 05/09/2023 Period of continuous service (years) 1 Age at Effective Date of Termination 42 Remedy hearing date 15/10/2024 Date by which employer should no longer be liable 15/01/2025 Contractual notice period (weeks) 4 Net weekly pay at EDT 93.78 Gross weekly pay at EDT 110.40[2]Basic award Basic award 165.60 Number of qualifying weeks (1.5) x Gross weekly pay (110.40) Total basic award 165.60[3]Damages for wrongful dismissal Loss of earnings 375.12 Damages period (4) x Net weekly pay (93.78) Total damages 375.12[4]Compensatory award (immediate loss) Loss of net earnings 5,064.12 Number of weeks (54) x Net weekly pay (93.78) Plus loss of statutory rights 300.00 Total compensation (immediate loss) 5,364.12[5]Compensatory award (future loss) to 15 January 2025 Loss of future earnings 1,228.52 Number of weeks (13.1) x Net Weekly pay (93.78) Total compensation (future loss) 1,228.52[6]Compensatory award (other statutory rights) Holiday pay 67.2 hours net pay 594.81 Total compensation (other statutory rights) 594.81[7]Adjustments to total compensatory award Plus interest (compensation award) @ 8% for 266 312.74 days Compensatory award before adjustments 7,187.45 Total adjustments to the compensatory award 312.74 Compensatory award after adjustments 7,500.19[8]Failure to provide written particulars Number of weeks (4) x Gross weekly pay (110.40) 441.60 Total 441.60[9]Non financial losses Injury to feelings 30,000.00 Plus interest @ 8% for 532 days 3,498.08 Total non-financial award 33,498.08[10]Summary totals Basic award 165.60 Wrongful dismissal 375.12 Compensation award including statutory rights 7,941.79 Non-financial loss 33,498.08 Total 41,980.59