Case 2409305/2023 · Employment Tribunal
Miss E Flynn v Rochdale AFC Community Trust HELD AT: Manchester — 2025
- Case reference
- 2409305/2023
- Decision date
- 12 December 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Franey
- Panel members
- Ms A Gilchrist, Ms S Khan
Parties
2 namedClaimant
Miss E Flynn
Key findings
Tribunal's reasoningThe Tribunal extended time on a just and equitable basis to 18 September 2023 and found that on 29 April 2023 the claimant was subjected to harassment related to sex contrary to section 26 of the Equality Act 2010. The claimant's resignation was held to be a constructive dismissal under section 95(1)(c) of the Employment Rights Act 1996, and the unfair dismissal complaint was well founded.
The complaints of breach of contract and of a breach of the Working Time Regulations 1998 in relation to hours worked on a residential trip in August 2023 failed and were dismissed. The complaints of victimisation contrary to section 27 of the Equality Act 2010 also failed and were dismissed.
For unfair dismissal the Tribunal made a basic award of £692 and no compensatory award, with the recoupment regulations not applying. For the harassment complaint it awarded £8,500 for injury to feelings together with interest of £1,781.60, giving a total payable by the respondent of £10,973.60.
Claims and outcomes
6 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Harassment | Sexual harassment contrary to s.26 Equality Act 2010 occurring on 29 April 2023; time extended on a just and equitable basis to 18 September 2023. Award comprises £8,500 injury to feelings plus £1,781.60 interest. | Upheld | Sex | £10,282 |
| Unfair dismissal | Constructive unfair dismissal under s.95(1)(c) ERA 1996. Basic award of £692; no compensatory award made. Recoupment regulations do not apply. | Upheld | — | £692 |
| Constructive dismissal | Tribunal found the claimant's resignation amounted to constructive dismissal under s.95(1)(c) ERA 1996. Remedy treated together with the unfair dismissal claim. | Upheld | — | — |
| Breach of contract | Complaint concerned hours worked on a residential trip in August 2023. | Dismissed | — | — |
| Working time regulations | Working Time Regulations 1998 complaint concerning hours worked on a residential trip in August 2023. | Dismissed | — | — |
| Victimisation | Complaints of victimisation contrary to s.27 Equality Act 2010 failed. | Dismissed | — | — |
Remedy
Monetary award- Total award
- £10,974
- across all upheld claims
- Basic award
- £692
- statutory, unfair dismissal
Legal tests applied
4 references- section 26 Equality Act 2010
- section 27 Equality Act 2010
- section 95(1)(c) Employment Rights Act 1996
- Working Time Regulations 1998
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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