Mrs M West v Funky Owl Pub (Holdings) Limited and 1 other — 2019

The tribunal found that Mrs M West was employed as a bar person at the Red House pub in Maghull from February 2018 until 10 June 2018, when the pub closed for refurbishment. It rejected the first respondent's case that the proceedings had been brought against the wrong entity, finding that the payslips and correspondence did not show that Funky Owl (RHM) Ltd was her employer. It also removed Mike Coupe as a party on its own initiative under section 109 of the Equality Act 2010.

On age discrimination, the tribunal accepted evidence that, during the refurbishment, a poster and online adverts sought staff aged 18 to 25 for the refurbished pub. It found that this showed an intention to exclude older workers and that Mrs West, who was 64 at the material time, was treated less favourably because of age. It also found that the 18 to 25 requirement was a provision, criterion or practice that placed older workers at a particular disadvantage, that it disadvantaged Mrs West, and that no justification was shown. Both direct and indirect age discrimination complaints were therefore well-founded.

On remedy for the discrimination findings, the tribunal awarded £800 for injury to feelings, shared between the successful age discrimination complaints. It also accepted the claimant's evidence on wages and holiday. It found that she had been underpaid for 38 hours, amounting to £297.54, and that she had also gone unpaid for five weeks after 10 June 2018, amounting to £1,197.20, because the respondent had no contractual right to withhold remuneration when no work was available.

The tribunal further found that Mrs West had taken no holiday during the employment and was entitled to 53 hours of accrued statutory leave, valued at £414.99. It upheld her complaint about the failure to provide a written statement of employment particulars and awarded two weeks' pay of £477.63. The total award was £3,187.36.