Miss S Joyce v Mr M England — 2019

Miss S Joyce worked as a café assistant for Mr M England at Café Cwtch from 1 August 2016 until her employment ended on 12 September 2019. The tribunal heard that the respondent had made comments of a sexual nature to the claimant from early in the employment until July 2019. It accepted her evidence that the conduct was unwanted, caused distress, and continued after she had indicated it was unwelcome. On that basis it found sexual harassment under s.26 Equality Act 2010 and later assessed injury to feelings at £8,800, placing the case at the top of the lower Vento band.

The dismissal arose after the claimant had been absent with work-related stress, had disputed payment of statutory sick pay, and had arranged for a letter seeking SSP to be delivered to the café by her partner, Mr Morris. The respondent dismissed her by letter on 10 September 2019, stating that because her boyfriend was still coming to the café and behaving in a threatening manner there was no option but to terminate her employment immediately. The tribunal accepted that this stated reason could amount to some other substantial reason under s.98(1)(b) ERA 1996, but found the dismissal unfair under s.98(4) ERA 1996 because Mr Morris was not in fact threatening or abusive, and because immediate dismissal without warning was not the response of a reasonable employer.

On the employment payment issues, the tribunal found that the claimant had ten days of accrued but untaken holiday at termination, entitling her to £463.04. It also found that three weeks of statutory sick pay were due at £94.25 per week, but that a £123 payment made in August 2019 had to be set against that liability, leaving £159.75. The tribunal further found that there was no agreement on notice and that the respondent's immediate termination of employment was a breach of contract, awarding £694.56, being three weeks' pay.

The tribunal also found that no written statement of particulars of employment had been provided during the claimant's employment, despite the respondent's response saying otherwise and despite repeated requests from the claimant. Applying s.38 Employment Act 2002, it considered it just and equitable to award the higher amount of four weeks' pay, namely £926.08, because there were no exceptional circumstances. The total award ordered was £14,108.79, made up of a basic award of £694.56, a compensatory award of £2,370.80, injury to feelings of £8,800, holiday pay of £463.04, unlawful deduction from wages of £159.75, breach of contract damages of £694.56, and the written statement uplift of £926.08.