Mrs P Sharpe First v Michael Edmonson Second Respondent: Back Page Shops Limited — 2021

Mrs P Sharpe was employed by Back Page Shops Ltd from 27 November 2018 to 08 September 2020 as a shop assistant. She presented her claim on 31 October 2020, initially against Mr Edmonson. The tribunal noted confusion about the identity of the employer, the proceedings were re-served on both respondents, no response was filed by either respondent, and the tribunal proceeded under rule 21 of the Employment Tribunals Rules of Procedure 2013. The claimant also confirmed that she was withdrawing her unfair dismissal complaint.

In the operative section the tribunal recorded that the discrimination complaint was one of direct disability discrimination, but the reasons at paragraph 10 addressed direct age discrimination. The tribunal found that at the date of termination the claimant was 61, that she was dismissed without warning or consultation, and that a younger shop assistant who worked part time and had less experience and shorter service was kept on. On that basis the tribunal held that the claimant had established a prima facie case of direct discrimination because of age, and in the absence of any explanation from the respondents it accepted that age was a motivating factor. The age discrimination complaint succeeded against both respondents.

The tribunal also found that the claim for unlawful deduction of wages for the period 05 September 2020 to 08 September 2020 succeeded against the second respondent. It further found that the breach of contract complaint, based on failure to give one week’s notice on termination, succeeded against the second respondent, and that the complaint for accrued but untaken holiday pay under Regulation 30 of the Working Time Regulations succeeded against the second respondent. The tribunal did not determine remedy for the discrimination claim at this stage and said that a remedies hearing would be listed separately.