Mrs J E Witt v New Quay Honey Farm Limited and 1 other — 2021

The claimant had worked at New Quay Honey Farm since 2002 as shop manager. The tribunal rejected the respondent's case that she had been given and accepted a later contract describing her as assistant shop manager from 2015. It found that Mr Grinszpan, the comparator, had a different role in the tea room and later as operations manager, with responsibilities including food production, hygiene, staff supervision and dealing with difficult customers in the second respondent's absence.

On 16 August 2019 the claimant complained that she was being paid £9 per hour while Mr Grinszpan was paid £10 and said this was unfair and about equality. The tribunal accepted that the second respondent reacted angrily. It found that the claimant did not resign on 16 August 2019. By 20 August 2019 the second respondent had already arranged a replacement, and the tribunal found that he then told the claimant she was fired / dismissed. Applying section 98(4) of the ERA 1996, and the authorities on resignation and dismissal cited in the judgment, the tribunal held that the employer had dismissed her.

The tribunal held that the claimant's complaint about pay inequality was a protected act for section 27 of the Equality Act 2010 and that it was a significant influence on the dismissal, so the victimisation claim succeeded. It also found that the second respondent's use of the words 'old woman' on 20 August 2019 was unwanted conduct related to age and amounted to harassment under section 26 of the Equality Act 2010. The tribunal rejected contributory fault and Polkey reduction, and said the recoupment regulations did not apply.

The equal pay claim failed because the claimant's work was not 'like work' within section 65 of the Equality Act 2010. The tribunal held that the comparator's role involved broader and more frequent responsibilities, especially in the tea room and meadery, and that the differences were practically significant. Remedy consisted of £10,223 for unfair dismissal, made up of a £5,278.50 basic award, £4,544.50 compensatory award and £400 for loss of statutory rights, together with a joint £6,000 injury to feelings award and £720 interest for the discrimination findings. The reasons also discussed a notice pay element, but the formal judgment did not make a separate award for it.