Case 1301423/2021 · Employment Tribunal
Mrs M Watkowska v Namco Tooling Limited and 1 other — 2023
- Case reference
- 1301423/2021
- Decision date
- 30 March 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Faulkner
- Venue
- Midlands West
- Panel members
- Mrs R Forrest, Mr T Liburd
Parties
3 namedClaimant
Mrs M Watkowska
Respondents
Key findings
Tribunal's reasoningThe Tribunal found that the Respondents did not contravene sections 39 or 40 of the Equality Act 2010 by reason of the Second Respondent issuing work instructions to the Claimant and shouting at her on 23 March 2021. It also dismissed the Claimant's race complaints arising from the same period and from the later incidents on 23 March 2021.
The Tribunal upheld the Claimant's complaint that the Second Respondent harassed her related to sex when he called her a 'slave'. It also upheld the complaint that he sexually harassed her by putting his hand into the breast pocket of her overalls and grabbing her breast. The Tribunal recorded that the sexual harassment complaint was presented after the statutory time limit, but it allowed it to proceed because it considered that extension of time to be just and equitable.
The First Respondent was held vicariously liable for the Second Respondent's actions at paragraphs 2 and 3. By consent, the Respondents were ordered jointly and severally to pay £14,061.73 as compensation for loss of earnings to the date of termination, less such deductions as required by law, and £10,938.27 as compensation for injury to feelings without deduction, payable on or before 13 April 2023.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Race discrimination | The tribunal dismissed the complaints about the Second Respondent issuing work instructions and shouting at the Claimant on 23 March 2021. It also dismissed the race complaints relating to the later 'slave' remark and the breast-grab incident. | Dismissed | Race | — |
| Harassment | The Second Respondent was found to have harassed the Claimant related to sex on 23 March 2021 by calling her a 'slave'. | Upheld | Sex | — |
| Harassment | The Second Respondent was found to have sexually harassed the Claimant by putting his hand into the breast pocket of her overalls and grabbing her breast. The Tribunal held the complaint was brought out of time but allowed it to proceed as just and equitable. | Upheld | Sex | — |
Remedy
Monetary award- Total award
- £25,000
- across all upheld claims
- Compensatory award
- £14,062
- compensatory remedy recorded
Legal tests applied
1 reference- just and equitable
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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