Miss E Kaloudi Tsikni v Mr M Kontis and 1 other — 2024

The tribunal, sitting as a panel of Employment Judge Khan with Mrs D Olulode and Mr S Hearn, found unanimously that the first respondent (Mr M Kontis) sexually harassed the claimant in respect of six of the seven pleaded allegations (SH1, SH3, SH4, SH5, SH6 and SH7) under s.26 Equality Act 2010. Allegation SH2 was not upheld. The amendment to add new allegations of harassment was permitted, and time was extended on a just and equitable basis, the balance of prejudice weighing in favour of the claimant.

Against the second respondent (Alphakon Limited), the tribunal recorded that it had conceded unauthorised deductions from wages totalling £1,988.45 for periods in February and May 2023. The second respondent was also found to have breached the claimant's contract by failing to pay expenses (£385.39 conceded plus £114.14 in car rental for 9-12 May 2023) and by failing to auto-enrol the claimant into the NEST pension scheme at the statutory minimum 3% employer contribution rate; the respondents' reliance on s.4 Pensions Act 2008 was rejected because no deferral notice had been given.

The claimant's notice pay claim and the remainder of her breach of contract and expenses claims were dismissed. The tribunal found that the claimant had breached her contract by giving only one month's notice and by promoting her own brand (FYC) during her employment contrary to a reasonable management instruction, so the second respondent's summary dismissal on 12 May 2023 was not itself a breach. The respondents were ordered to pay £2,487.98, with compensation for sexual harassment and the pension breach to be determined at a separate remedy hearing.