Mr W Herbert v Eden Foods (2012) Ltd: 3300538/2021
JUDGMENT
[1]The claimant’s claim for direct sexual orientation discrimination succeeds in part.[2]The claimant’s claim for harassment related to sexual orientation succeeds in part.[3]The claimant made a protected disclosure and some of the detriments he relied upon were on the ground of him having made that disclosure.[4]The claimant’s claim for victimisation is dismissed on withdrawal.[5]The claimant’s claim for unlawful deduction of wages fails and is dismissed.[6]The matter is listed for a remedy hearing for one day on Tuesday 10 January 2023 by CVP commencing at 10am. The orders below were made mainly by agreement. 10.2 Judgment - rule 61 Case No: 3300538/21 ORDERS Made pursuant to the Employment Tribunal Rules 2013[1]The claimant will send an updated schedule of loss to the respondent by 9 September 2022.[2]The parties will send copies of any documents which they have which are relevant to remedy, including any medical evidence, to the other party by 7 October 2022.[3]The parties will agree the contents of a joint bundle for the remedy hearing by 21 October 2022.[4]The parties will exchange witness statements relevant to remedy by 11 November 2022.[5]The parties will seek to agree a document which sets out the areas of agreement and disagreement in relation to remedy and send it to the tribunal by 6 January 2023. CONSEQUENCES OF NON-COMPLIANCE[1]Failure to comply with an order for disclosure may result on summary conviction in a fine of up to £1,000 being imposed upon a person in default under s.7(4) of the Employment Tribunals Act 1996.[2]The Tribunal may also make a further order (an “unless order”) providing that unless it is complied with, the claim or, as the case may be, the response shall be struck out on the date of non-compliance without further consideration of the proceedings or the need to give notice or hold a preliminary hearing or a hearing.[3]An order may be varied or revoked upon application by a person affected by the order or by a judge on his/her own initiative.