Miss S Shah v Total Security Services Limited — 2020

The claimant, a security guard formerly employed by Cordant Security, transferred to Total Security Services Ltd on 22 April 2019. She had been deployed to Morrisons in Crawley while living in Croydon, with a travel subsidy. The tribunal found that this was a contractual but temporary arrangement, terminable when a local security guard could be recruited. The respondent was unaware of the arrangement during TUPE due diligence, later learned from Cordant that it was informal and subject to local recruitment, and was able to recruit locally.

The unauthorised deductions claim was dismissed. The tribunal found that the arrangement transferred to the respondent, but the condition for ending it had occurred because the respondent could recruit a local security guard. The TUPE transfer was the backdrop and context, not the reason for the change. The respondent was entitled to bring the arrangement to an end, provided a three-week cushioning payment until 16 May 2019, and no sums properly payable were unlawfully deducted.

The harassment claim succeeded. The claimant was addressed as "Mr" on several written occasions and verbally, despite being Miss Shah, and the error also appeared in witness statements. The tribunal accepted the respondent's explanation that the root cause was an administration error, so the conduct was not intended to violate dignity. However, the conduct was unwanted, related to sex, repeated rather than isolated, and the claimant had raised it verbally and described being upset.

Applying s.26 Equality Act 2010 and the burden of proof under s.136, the tribunal found facts from which harassment could be concluded. The respondent's explanation addressed purpose but not effect, and it was reasonable for the claimant to be offended. The tribunal unanimously awarded £2,000 for injury to feelings, assessed at the lower end of the lower Vento band.