Claimant v LR C&R Ltd — 2024

The tribunal, sitting at Croydon before Employment Judge Liz Ord with Tribunal Members Grace Mitchell and Alison Sansome, found that the claimant was an employee at the material time. It also held that the complaints were brought in time because the alleged conduct amounted to conduct extending over a period and culminated in the claimant's dismissal on 9 August 2022.

The complaint of direct discrimination on the grounds of sexual orientation was dismissed. The complaint of harassment related to sexual orientation succeeded. The complaint of victimisation based on sexual orientation was dismissed.

The tribunal also recorded that the respondent failed to provide the claimant with a written statement of his terms and conditions and failed to provide itemised pay statements. For the written-statement failure, it awarded four weeks' pay of £1,760 under section 38 Employment Act 2002. No separate award was made for the itemised pay-statement point.

On remedy for the successful harassment claim, the tribunal awarded £28,000 for injury to feelings at the upper end of the middle Vento band, plus simple interest of £5,112.11 from 7 April 2022 to 18 July 2024. It also awarded financial losses of £28,428.68 for 18 months' loss of earnings after mitigation, plus interest of £2,595.19. The tribunal calculated a total before grossing of £65,895.98, grossed the taxable balance to £47,861.31, added back the tax-free £30,000, and made a total award of £77,861.31 payable within 14 days.