Case 2300702/2023 · Employment Tribunal
Ms Wendy Andrew (1) Mr Kevin Baptiste (2) v Southwark Council — 2024
- Case reference
- 2300702/2023
- Decision date
- 13 May 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge O’Rourke Dated
- Panel members
- Ms S Goldthorpe, Mr W Dixon
Parties
2 namedClaimant
Ms Wendy Andrew (1) Mr Kevin Baptiste (2)
Respondent
Key findings
Tribunal's reasoningAt the Ashford hearing on 7 to 10 May 2024, the tribunal upheld the claimants' complaints against Southwark Council of direct race discrimination, harassment related to race, and victimisation. The judgment states that the respondent directly racially discriminated against Ms Wendy Andrew and Mr Kevin Baptiste and also subjected them to race-related harassment and victimisation.
Remedy was assessed separately for each claimant. Ms Andrew was awarded £20,000 for injury to feelings, a 15% uplift of £3,000 for failure to follow the ACAS Code on Disciplinary and Grievance Procedures, and interest of £3,865.68 at 8% per annum, making a total award of £26,865.68. Mr Baptiste was awarded £25,000 for injury to feelings, a 15% uplift of £3,750, and interest of £8,542.80 at 8% per annum, making a total award of £37,292.80.
The tribunal noted that the amount above the £30,000 threshold was not grossed up because the injury to feelings award was not made in connection with the termination of employment within s.401(1)(a) of the Income Tax (Earnings and Pensions) Act 2003. Taken together, the awards to the two claimants totalled £64,158.48.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Victimisation | The tribunal found victimisation against both claimants. | Upheld | Race | — |
| Race discrimination | The tribunal found that Southwark Council directly racially discriminated against both claimants. | Upheld | Race | — |
| Harassment | The tribunal found harassment related to race against both claimants. | Upheld | Race | — |
Remedy
Monetary award- Total award
- £64,158
- across all upheld claims
Legal tests applied
2 references- ACAS Code on Disciplinary and Grievance Procedures
- s.401(1)(a) Income Tax (Earnings and Pensions) Act 2003
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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