Case 1400452/2022 · Employment Tribunal
Mr D Smillie v Brooke Young People — 2023
- Case reference
- 1400452/2022
- Decision date
- 30 May 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Volkmer
- Venue
- Exeter
- Panel members
- Mr K Sleeth, Ms L Fellows
Parties
2 namedClaimant
Mr D Smillie
Respondent
Key findings
Tribunal's reasoningThe tribunal dismissed the Claimant's automatic unfair dismissal claim and dismissed the claim that the Respondent failed to make reasonable adjustments. Those claims did not succeed on the evidence and no award was made in relation to them.
The Claimant succeeded only in part on his direct sex discrimination claim. The tribunal upheld the claim in relation to allegation 4.2.3 of the list of issues, but dismissed it in relation to allegations 4.2.1, 4.2.2, 4.2.4 and 4.2.5. The judgment therefore recorded a mixed outcome on the sex discrimination claim rather than success on the whole claim.
For remedy, the tribunal awarded £900 for injury to feelings. It also ordered interest under the Employment Tribunals (Interest on Awards in Discrimination Cases) Regulations 1996, calculating £114.02 at 8% per year for the period from 15 October 2021, when the discrimination was treated as having occurred on an unspecified date in October 2021, to 15 May 2023, the date of the judgment. The total sum ordered was £1,014.02.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Sex discrimination | Direct sex discrimination was upheld only in relation to allegation 4.2.3 of the list of issues. The tribunal dismissed the claim in relation to allegations 4.2.1, 4.2.2, 4.2.4 and 4.2.5. The award comprised £900 for injury to feelings plus £114.02 interest. | Upheld | Sex | £1,014 |
| Unfair dismissal | The tribunal dismissed the Claimant's automatic unfair dismissal claim. | Dismissed | — | — |
| Disability discrimination | The tribunal dismissed the claim that the Respondent failed to make reasonable adjustments. | Dismissed | Disability | — |
Remedy
Monetary award- Total award
- £1,014
- across all upheld claims
Legal tests applied
1 reference- Employment Tribunals (Interest on Awards in Discrimination Cases) Regulations 1996
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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