Mrs Christine Hotham Second Claimant: Miss S Penman v Acre Rigg Social Club Limited — 2024

This was a reserved liability judgment in joined claims by Mrs Christine Hotham (first claimant) and Miss S Penman (second claimant) against Acre Rigg Social Club Limited. The tribunal, sitting at Newcastle CFCTC before Employment Judge Loy with members S Moules and S Wykes, heard evidence over October and November 2023 and reserved judgment until 14 June 2024. The first claimant's claims of ordinary unfair dismissal and discriminatory constructive dismissal succeeded, as did her disability related harassment claim in respect of allegations 9 (a false accusation by Mr Rought that she had put things on social media about her multiple sclerosis) and 15 (failure to address treatment of her by Mr Rought's family members). Her claims of direct disability discrimination, failure to make reasonable adjustments and victimisation did not succeed.

The second claimant's claim of sexual harassment under s.26(2)/(3) EqA 2010 succeeded in respect of allegations 3, 4, 5 and 6, which concerned comments by Mr Rought about her breasts and an incident in which he grabbed her arm and groped her bottom on 30/31 December 2021. Allegation 7, that the lack of acknowledgement of her grievance was itself sexual harassment, failed because the grievance did not refer to her protected characteristic of sex. Her claim of discriminatory constructive dismissal also succeeded; the tribunal, applying the guidance in Kaur, concluded that the conduct cumulatively amounted to a fundamental breach of the implied term of trust and confidence and that she resigned at least partly in response to that conduct.

Certain allegations (the first claimant's allegation 10 and the second claimant's allegations 1 and 2) were withdrawn. The matter was listed for a separate remedy hearing, so no monetary awards are set out in this judgment.