Miss R Ward v Holdens Estate Agents Ltd — 2020

Miss R Ward was employed by Holdens Estate Agents Ltd from 17 June 2019 until her dismissal in a brief meeting with Mr Holden on 16 July 2019. The tribunal recorded that a separate unfair dismissal claim had been withdrawn and was not one it had to determine. The liability hearing concerned direct sex discrimination and harassment related to sex.

On the sex discrimination claim, the tribunal found that Mr Holden’s process in dismissing the claimant was unfair and unreasonable, and that he failed to follow any of the ACAS Code-style steps the tribunal identified, including giving notice of the meeting, allowing accompaniment, explaining the concerns, or giving the claimant an opportunity to respond. Even so, the tribunal found that the reasons for dismissal were Mr Holden’s perceptions of the claimant’s internet use, rearranging appointments, and a vendor complaint, and that there was no evidence those perceptions, or the cursory way the meeting was conducted, were because of sex or childcare responsibilities. The tribunal held that the claimant had not proved less favourable treatment compared with a hypothetical male comparator and had not shown the "something more" needed to shift the burden of proof.

On the harassment allegation, the claimant said Mr Holden told her words to the effect that a mother should be at home with her baby or that she would be better off at home. The tribunal did not accept that he said the words alleged. Because that factual issue failed, the tribunal did not need to decide the remaining harassment questions. It noted that if the words had been said, they would likely have been unwanted conduct related to sex and capable of amounting to harassment, but the claim still failed on the facts found. No remedy was awarded because both claims failed.