Mr J Morley v Reece Driscoll — 2019

Mr J Morley brought claims arising out of work for The Cavity Claim Group / Reece Driscoll, including unfair dismissal, pay-related claims, redundancy pay and sexual orientation discrimination. No response had been entered, so the respondent was only able to participate to the limited extent allowed under rule 21. After the tribunal explored the pleaded issues, the claimant withdrew the statutory employment-based claims because he was not going to seek to establish that the respondent personally employed him. He also confirmed that he was not pursuing victimisation, and the remaining non-harassment claims were treated as withdrawn.

The tribunal accepted that two texts sent by the respondent amounted to harassment related to the claimant's perceived sexual orientation. One text was sent on 9 January 2018 and the second on 15 March 2018. The tribunal noted that the March message came after the claimant had raised pay issues and said he had contacted ACAS and the CAB. It treated direct discrimination and harassment as mutually exclusive and proceeded on the harassment claim only.

For remedy, the tribunal found no financial loss flowing from the harassment but accepted that the claimant's feelings had been injured. Applying the lower Vento band, and taking account of the short period, the two texts, and the respondent's position as the claimant's employer, it awarded £2,000 for injury to feelings. Interest was awarded from 15 March 2018 to 15 December 2022 at 8%, calculated at £763.84, giving a total award of £2,763.84.