Mr Platt-Mills, of Counsel For v Mr J Gerber, Solicitor — 2018

The tribunal found that on 3 November 2018 Mr Agha touched or slapped the claimant's backside while she was in the restaurant kitchen area playing wedding music. It accepted that the incident happened and that it had the effect of violating her dignity, so the sexual harassment claim under s.26(2) Equality Act 2010 succeeded. It rejected the separate s.26(3) theory because the claimant's later complaint was not a 'rejection' of the conduct within the meaning of that provision.

On the surrounding factual disputes, the tribunal found the claimant's explanation about tips implausible, but it could not conclude on the evidence that she had stolen till money because the respondents produced no proper audit or investigation. It accepted that on 5 November 2018 she met Mr Torfinejad and demanded that Mr Agha be dismissed immediately or she would leave, and it rejected the assertion that she was summarily dismissed. The tribunal found she resigned.

The tribunal upheld victimisation because it accepted that Mr Torfinejad threatened to blacklist the claimant if she brought a claim, that wages and holiday pay were delayed, and that the response to the data subject access request was incomplete because CCTV clips were not disclosed and no explanation was given. It recorded a threat to contact the police in the solicitor's letter, but excluded that from the injury-to-feelings assessment. It also held that the first respondent failed to provide a written statement of particulars of employment and made a separate award of £476.06 under section 38 of the Employment Act 2002.

The tribunal assessed injury to feelings at £8,600, placing the case at the border between Vento bands 1 and 2. It declined aggravated damages and any ACAS uplift. The wrongful dismissal and breach of contract claims failed, and the separate sex discrimination dismissal claim had already been withdrawn. The total award was £9,076.06.