Mr. M Hollingworth v Staincliffe Sports & Social Club Ltd — 2023

The Tribunal found that Mr Hollingworth disclosed on 4 February 2022 that he was in a relationship with Joe Pickford and accepted his evidence that Ian Ellis responded in words to the effect that he was not sure it would work in a sports and social club. It rejected the respondent's case that the claimant's sexuality was already common knowledge, applied the burden of proof under s.136 Equality Act 2010, and held that the respondent had not shown that the subsequent treatment was not because of sexual orientation.

The Tribunal treated a number of Scott schedule items as background or not made out, but found that the 21 February 2022 meeting was not a performance meeting and instead was a meeting called by Naomi Fisher. It found that the claimant was then subjected to criticism about performance matters that had not previously been raised. The Tribunal concluded that this conduct, together with the later dismissal on 28 February 2022 and the later post-dismissal steps including the appeal process and the April 2022 communications, amounted to direct discrimination and harassment related to sexual orientation.

For remedy, the Tribunal accepted that the claimant obtained new work on 6 April 2022 at a lower hourly rate and awarded 12 weeks' net loss. It awarded £12,000 for injury to feelings, applied a 20% increase under s.207A for unreasonable failure to comply with the ACAS Code, and made a separate award under s.38 Employment Act 2002 for failure to provide written particulars of employment. It also awarded interest and recorded a total award of £18,641.20.