Mrs A S Koffi v Permanent — 2020

Following the Respondent's failure to respond to the claim or comply with an Unless Order, default judgment was entered on 4 March 2020 in the Claimant's favour on her complaints of unfair dismissal, sex discrimination/harassment and religion or belief discrimination. The remedy hearing took place by CVP on 8 July 2020 before Employment Judge Norris, sitting alone, with the Respondent neither present nor represented. The Claimant gave unchallenged evidence on remedy, and a preliminary issue concerning the lawfulness of her employment in light of unpaid UK tax was resolved in her favour on the basis of an applicable UK-Cote d'Ivoire tax treaty and that any illegality lay with the Respondent.

On remedy, the Tribunal awarded a basic award of £3,048 and assessed past loss, capped at the statutory annual salary figure of £39,240, leaving a past-loss shortfall of £1,887.92 after deduction of mitigation earnings. The Tribunal accepted that the Claimant was likely to mitigate her loss within six months and awarded future losses of £20,820.02. No uplift was applied under s.207A TULRCA 1992 because the ACAS Code of Practice was not engaged on the facts.

For injury to feelings arising from the sex discrimination and harassment, the Tribunal placed the case in the middle of the middle Vento band, awarding £17,750 uplifted by 10% under Simmons v Castle to £19,305, with interest at 8% per annum on financial loss (£2,420.37) and on injury to feelings (£3,664.25). No award was made for the religion or belief discrimination claim because no particulars or losses were advanced. After grossing up for tax, the Respondent was ordered to pay the Claimant a total of £101,853.07.