Mrs A Sokolova v Humdinger Limited — 2021

The tribunal, sitting with Employment Judge D N Jones and members Mr D Crowe and Mrs N Arshad-Mather, found that Mrs A Sokolova was unfairly dismissed by Humdinger Limited. It rejected her race discrimination complaint arising from the dismissal itself, and it also rejected the complaint that a policy requiring employees to wear overgarments of a particular make and buttoned to the top was indirect sex discrimination.

The tribunal upheld the complaint that requiring employees to speak English in meetings was indirect race discrimination and was not objectively justified. It found that the discrimination extended over a period, that the last act was within the primary time period, and that in any event the complaints concerning meetings in October 2019 were presented within a period that it would have been just and equitable to consider. It also rejected the separate complaint that a policy requiring employees to speak English in the workplace was indirectly discriminatory, finding that any disadvantage to those of Latvian nationality was objectively justified.

On remedy for unfair dismissal, the tribunal awarded a basic award of £3,531 and a compensatory award of £2,465.02, totalling £5,996.02. It found that it was not just and equitable to reduce the compensatory award for the possibility of a dismissal under an alternative fair procedure, increased the compensatory award by 10% for the respondent's unreasonable failure to comply with the ACAS Code of Practice and Disciplinary Procedures, and reduced both the basic and compensatory awards by 20% for conduct contributing to the dismissal. It recorded a prescribed element of £2,025.02 and an excess of £3,971 for recoupment purposes.

For indirect race discrimination, the tribunal awarded £10,000 for injury to feelings and £800 interest. The judgment also ordered that the £100 deposit paid by the claimant pursuant to the earlier order be paid to the respondent.