Ms D Jones v Kate Hetherington T/A SP Catering and 1 other — 2024

The respondents did not present a response and did not attend, so the case was determined under Rule 21 on the information before Employment Judge Ainscough. The tribunal accepted that Ms Jones was paid £10 per hour, worked 16 hours per week before the relevant transfer, and had 3 complete years' service from 1 May 2019 to 27 October 2022.

It found that her hours were reduced in August 2022 by 3 hours per week for 4 weeks, in September 2022 by 3 hours per week for 4 weeks, and in October 2022 by 9 hours per week for 4 weeks, and that this was less favourable treatment because of age. The claims for direct age discrimination, harassment related to age, and harassment related to sex succeeded. The tribunal awarded £15,000 for injury to feelings within the Vento middle band, £600 for the financial loss caused by the reduced hours, and £2,116.01 interest at 8%.

The unfair dismissal claim also succeeded. The tribunal calculated a £720 basic award and a pre-cap compensatory figure of £10,352.52 after including actual and future loss of earnings, loss of statutory rights, failure to provide written particulars of employment, and a 25% uplift for the respondents' complete failure to follow the ACAS Code of Practice; it then applied the s.124 ERA 1996 cap and awarded a compensatory award of £8,320. The tribunal also found the claimant entitled to £480 notice pay under s.86 ERA 1996, and to holiday pay for accrued but untaken leave. The operative order states £734.40 for holiday pay, although paragraph 38 of the reasons states £734.72. The unlawful deduction from wages claim was dismissed.