Case 2202063/2014 · Employment Tribunal
Mr M Epstein For v Government of the State of Qatar — 2019
- Case reference
- 2202063/2014
- Decision date
- 8 November 2019
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Brown
Parties
2 namedClaimant
Mr M Epstein For
Respondent
Key findings
Tribunal's reasoningJudgment under rule 21 had been entered in the Claimant's favour on her European law claims for sex discrimination, religion or belief discrimination and failure to pay holiday pay. The Tribunal recorded that the domestic law claims were dismissed on withdrawal. At remedy, the Tribunal accepted the Claimant's evidence that she had been subjected throughout her employment to a lengthy course of discriminatory treatment because she was seen as not being a good Muslim woman, because she was not Muslim, and because male employees saw her as liable to be willing to engage in sexual conduct with male employees of the Embassy.
The Tribunal accepted that the treatment caused severe injury to feelings and a separate psychiatric injury, including clinical depression and anxiety which had continued for many years and remained under treatment. It awarded separate sums for injury to feelings, including aggravated damages, and psychiatric injury, finding that there was no double recovery because the humiliation, insult and feeling of being trapped in the job were distinct from the medical injury.
For economic loss, the Tribunal accepted the Claimant's calculations of past loss, found that a temporary contract in 2016 did not break the chain of causation, and accepted that she had mitigated her loss by applying for many jobs and undertaking temporary and voluntary work. It awarded past loss with interest, future loss for 18 months, unpaid holiday pay, and grossed up the award for tax. It also made a separate costs order of £7,000 because the Respondent had not defended the European law claims, had not engaged in the proceedings, and had not attended the remedy hearing.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Sex discrimination | Judgment under rule 21 was entered for sex discrimination. The monetary award for sex and religion or belief discrimination was made jointly and was not split between the two protected characteristics. | Upheld | Sex | — |
| Religion or belief discrimination | Judgment under rule 21 was entered for religion or belief discrimination. The monetary award for sex and religion or belief discrimination was made jointly and was not split between the two protected characteristics. | Upheld | Religion or belief | — |
| Holiday pay | The Tribunal found the Claimant was not paid half a month's holiday pay when dismissed. | Upheld | — | £1,250 |
| Other | The judgment states that the Claimant's domestic law claims against the Respondent were dismissed on withdrawal, but the remedy judgment does not identify each domestic law claim separately. | Withdrawn | — | — |
Remedy
Monetary award- Total award
- £388,920
- across all upheld claims
- Compensatory award
- £287,773
- compensatory remedy recorded
Legal tests applied
16 references- rule 21 ET Rules of Procedure 2013
- Prison Service v Johnson
- Vento v Chief Constable of West Yorkshire Police
- Da'Bell v NSPCC
- Simmons v Castle
- Joint Presidential Guidance on Employment Tribunal Awards for Injury to Feelings and Psychiatric Injury
- Commissioner of Police of the Metropolis v Shaw
- HM Land Registry v McGlue
- HM Prison Service v Salmon
- Judicial College Guidelines 14th Edition
- rule 76(1) ET Rules of Procedure 2013
- Ayoola v St Christopher's Fellowship
- Robinson v Hall Gregory Recruitment Ltd
- Lodwick v Southwark London Borough Council
- Davidson v John Calder (Publishers) Ltd and Calder Educational Trust Ltd
- Barry v University of Wales Trinity St David
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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