Ms A Chaudhry v Adam Hotels UK Ltd — 2022

At the London South hearing on 23 March 2022, before Employment Judge Dyal sitting with Ms J Saunders and Mr Sheath, the respondent did not attend and was not represented. The tribunal held that Ms A Chaudhry had been unfairly dismissed contrary to s.104 Employment Rights Act 1996, had been directly discriminated against because of sex contrary to ss.13 and 39 Equality Act 2010, had been dismissed without the statutory minimum notice, had not been paid holiday pay under the Working Time Regulations 1998, and had not been given written particulars of employment. On the sex discrimination claim, the tribunal accepted that Mr Nawzil had regular outbursts at the claimant in which he screamed and shouted at her.

In remedy, the tribunal awarded sex discrimination losses for pre-dismissal earnings of £1,283.58 plus £75.96 interest, post-termination earnings loss of £697.60 plus £36.24 interest, and injury to feelings of £12,000 plus £2,148.82 interest. The injury to feelings award was stated to relate to pre-dismissal discrimination only. The unfair dismissal award comprised a basic award of £558.08 and a compensatory award of £139.52, with the compensatory element limited to loss of statutory rights because the earnings losses had already been compensated under the sex discrimination award.

The tribunal also awarded £2,362.63 for holiday pay and £558.08 for failure to provide written particulars. The notice pay element was recorded as £0 because that period had already been compensated under sex discrimination. The tribunal applied grossing up of £4,652.71, on the basis that the taxable elements were the pre-dismissal loss of earnings, interest on that loss, and holiday pay, and noted that the claimant was a lower rate taxpayer, producing a total award of £24,513.22.