Mr P Allen v Paradigm Precision Burnley Limited and 1 other — 2020

The tribunal upheld harassment related to sexual orientation against the first respondent on the listed conduct between 12 March and 5 June 2018: being called camp, limp-wristed hand gestures, an email depicting stereotypical gay characters, a passport photograph left in the workplace with a handwritten note, and a question at a work event about his preferred type of man. All other harassment allegations were dismissed. It also upheld direct sexual orientation discrimination in the rejection for Operations Director and then General Manager of the Burnley site, communicated on 5 June 2018; all other direct discrimination allegations were dismissed.

Victimisation was upheld on the finding that he was isolated between late August and late October 2018 during a grievance process and the appointment of a temporary replacement. A detriment claim under the Paternity and Adoption Leave Regulations 2002 and/or s47C ERA 1996 was also upheld on the same rejection decisions, because he sought additional adoption leave and/or was believed likely to take it. All Equality Act claims against the second respondent were dismissed as out of time, with no extension of time as just and equitable.

The claimant also succeeded in constructive unfair dismissal. The unfair dismissal award was £3,048 basic award plus £18,478 compensatory award, £1,847.82 pension loss and £500 for loss of statutory rights, giving £23,873.82, with recoupment regulations applying and a prescribed amount of £20,325.82. The EqA and Regulations award totalled £96,645.40, comprising £26,300 injury to feelings, £45,586.68 financial loss, £18,126.72 future loss and £6,632 interest. The parties agreed a 15% ACAS uplift of £18,077.92, taking the total before tax grossing-up to £138,597.34; a further grossing-up amount of £36,047.66 produced a total amount payable of £174,645.