Case 2306022/2023 · Employment Tribunal
In person For v Respondent — 2025
- Case reference
- 2306022/2023
- Decision date
- 14 May 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Taylor Members
- Venue
- London South
- Panel members
- Ms J Bird, Ms H Bharadia
Parties
1 namedClaimant
In person For
Respondent
- —
Key findings
Tribunal's reasoningThe claimant was a casual tennis coach at Battersea Park Millennium Arena from 2012, and the case concerned direct sex discrimination and victimisation allegations arising from the end of her Monday drop-in role, the operation of 9-day booking priority, the later Tuesday children's session, pay for that session, a photoshoot, access to the well-being team, grievance handling, and closure of her work email. The tribunal held that most complaints relating to events before 2 June 2023 were out of time. It found the alleged acts were separate incidents rather than a continuing course of conduct and declined to extend time, except for the 11 April 2023 email allegation, which it said crystallised on disclosure and was allowed out of time on a just and equitable basis.
On the sex discrimination claim, the tribunal found the Monday session had become loss making and that the claimant was removed because only one coach was needed, not because she was a woman. It held that the 9-day booking arrangement was tied to coaching sessions for the respondent and that the male coaches relied on by the claimant were either not proper comparators or were treated under the same general policy. It rejected the complaints about not advertising the Tuesday class, the pay dispute for that class, the photoshoot, the ending of the Tuesday session, and access to the well-being team, finding no evidential basis for less favourable treatment because of sex and no prima facie case to shift the burden of proof.
On victimisation, the tribunal held that the September 2022 pay complaint and the 25 April 2023 email were protected acts, while the 6 April 2023 email was not. It found that Mr Gouveia's 11 April 2023 email to HR did not amount to a detriment because it reflected his concern about the claimant's allegations and did not affect her treatment or grievance. The tribunal also found that Ms Williams's response, the closure of the claimant's work email as part of a routine IT process, and the failure of the then new HR manager to deal with the grievance were not shown to be detrimental treatment because of protected acts. All claims were dismissed and no award was made.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Sex discrimination | The tribunal dismissed the direct sex discrimination claim. It found the Monday session was ended because it was loss making and only one coach was needed, that the 9-day booking issue was applied on a policy basis rather than because of sex, and that the complaints about the Tuesday class, pay, photoshoot, cancellation of the session, and well-being team access were not supported by evidence of less favourable treatment. Some allegations were also found to be out of time. | Dismissed | Sex | — |
| Victimisation | The tribunal dismissed the victimisation claim. It found that the alleged detriments were not imposed because of protected acts and that the claimant did not establish a retaliatory motive. The reasons record some inconsistency on whether the 20/21 September 2022 pay complaint was a protected act, but the tribunal's final conclusions treated that complaint and the 25 April 2023 email as protected acts and found no victimising detriment. | Dismissed | — | — |
Legal tests applied
8 references- section 123 Equality Act 2010
- Robertson v Bexley Community Centre t/a Leisure Link
- Barclays Bank plc v Kapur
- section 13 Equality Act 2010
- section 39(2)(d) Equality Act 2010
- section 27 Equality Act 2010
- Chief Constable of the West Yorkshire Police v Khan
- section 136 Equality Act 2010
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.
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