D v R1 and others — 2024

The Tribunal, sitting at Cardiff in November 2023, gave a reserved remedy judgment after the Respondents' responses had earlier been struck out by Judge Ryan on 11 October 2023. Liability had been determined orally on 9 November 2023 and the panel reconvened in chambers on 29 November 2023 to decide remedy. Anonymisation and restricted reporting orders were made in respect of the Claimant, the Respondents and two further individuals referred to as Person A and Person B.

The Tribunal upheld complaints of automatic unfair dismissal under s.103A ERA 1996, detriments for making protected disclosures (s.47B ERA 1996) and victimisation (s.27 EQA 2010), and four heads of harassment under s.26 EQA 2010 relating to sex (including sexual harassment), sexual orientation, race, gender reassignment and disability. The Tribunal found that the Respondents had 'constructed a false reason to dismiss the Claimant' and described the manner of the dismissal as 'a particularly brutal and spiteful act of victimisation', supporting an award of £5,000 in aggravated damages. A separate award was made under s.38 Employment Act 2002 for failure to provide a written statement of particulars.

On remedy the Tribunal awarded injury to feelings totalling £29,000 (split £3,000 for PID detriments, £15,000 for harassment heads, and £11,000 for victimisation), pecuniary loss of £5,794.68 (incorporating a 25% ACAS uplift under s.207A TULRCA 1992 for unreasonable failure to comply with the ACAS Code), £5,000 aggravated damages, £500 loss of statutory rights, a £228.96 basic award, £457.92 for the s.38 failure, and interest calculated on each head separately because different Respondents were liable. A grossing-up figure of £2,448.67 was added to reflect tax on the portion above £30,000.