Case 2206723/2018 · Employment Tribunal
Mr C Milsom, of Counsel For v Respondent — 2019
- Case reference
- 2206723/2018
- Decision date
- 18 December 2019
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Glennie
Parties
1 namedClaimant
Mr C Milsom, of Counsel For
Respondent
- —
Key findings
Tribunal's reasoningThe tribunal proceeded after the response had been struck out and accepted the Claimant's evidence on the balance of probabilities. It found that the Claimant had accepted an offer of employment with the First and Second Respondents, that the contract began on 1 September 2018, and that she did some work while based in the UK. It also found that the tribunal had territorial jurisdiction over the Equality Act and breach of contract claims because the connection with the UK was clear and strong.
The tribunal found that the alleged comments and messages by Mr Banayoti occurred and were unwanted. It held that the comments were related to sex, and that several were also conduct of a sexual nature. The tribunal found that the conduct had the effect of violating the Claimant's dignity or creating a humiliating or offensive environment, and that it was reasonable for it to have that effect. It also found that the dismissal and the failure to pay salary and relocation expenses were linked at least in part to the Claimant's rejection of Mr Banayoti's advances.
The tribunal found that the Claimant's solicitors' letter of 11 October 2018 was a protected act because it alleged breaches of the Equality Act. It found victimisation in the Respondents' failure to investigate the complaints and failure to pay salary and expenses. The tribunal found the corporate Respondents liable for breach of contract as employers, and all three Respondents liable for the Equality Act complaints. Remedy was reserved to a later hearing.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Harassment | Harassment related to sex and/or conduct of a sexual nature contrary to s.26 Equality Act 2010 was found well founded against all three Respondents, including the comments, dismissal, and non-payment relied on. | Upheld | Sex | — |
| Victimisation | Victimisation contrary to s.27 Equality Act 2010 was found well founded against all three Respondents. The protected act was the solicitors' letter alleging sexual harassment and direct sex discrimination. | Upheld | Sex | — |
| Sex discrimination | Direct sex discrimination was pleaded, but the tribunal treated the alleged acts as harassment first because harassment and direct discrimination are mutually exclusive. The judgment does not record a separate upheld or dismissed outcome for direct sex discrimination. | Other | Sex | — |
| Breach of contract | The breach of contract complaint was found well founded against the First and Second Respondents only, concerning unpaid salary from 1 September to 23 October 2018 and unpaid moving or relocation expenses subject to assessment. | Upheld | — | — |
Legal tests applied
12 references- Rule 37(3) Employment Tribunals Rules of Procedure
- s.26 Equality Act 2010
- s.27 Equality Act 2010
- s.83(2a) Equality Act 2010
- s.136 Equality Act 2010
- s.212(1) Equality Act 2010
- Igen v Wong
- Madarassy v Nomura
- Ravat v Halliburton Manufacturing Services Limited [2012] UKSC 1
- Bates van Winkelhof v Clyde & Co LLP [2013] ICR 883
- Article 3 Employment Tribunals (Extension of Jurisdiction England and Wales) Order 1994
- EHRC Code of Practice paragraph 7.13
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.
- Open official judgment 1 PDF on gov.uk
- Open official judgment 2 PDF on gov.uk
- Open official judgment 3 PDF on gov.uk
- Open official judgment 4 PDF on gov.uk
Published on gov.uk under the Open Government Licence v3.0.
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