Miss. Holly Merriman v Bugibba Independent Limited — 2021

The tribunal (Employment Judge Heap sitting with Mr M Alibhai and Mrs D Newton) heard claims by Miss Holly Merriman against Bugibba Independent Limited (t/a Project Doughnut) of harassment related to sex, direct sex discrimination, victimisation and automatically unfair dismissal for making a protected disclosure. The hearing took place over five days in May 2023 with judgment reserved and promulgated on 18 August 2023.

The tribunal upheld the Claimant's complaint of harassment contrary to s.26(1) Equality Act 2010 in respect of events in December 2020/January 2021 involving Mr Oliver Horn, and upheld her complaints of harassment contrary to s.26(3) Equality Act 2010 in respect of subsequent comments said to have been made because she had rejected Mr Horn's advances. The parallel direct sex discrimination complaints in respect of the same matters were dismissed because s.212(1) Equality Act 2010 precludes conduct being both harassment and direct discrimination. The victimisation complaints under s.27 Equality Act 2010 were found to be well-founded and succeeded to the extent set out in the reasons, save for the complaints relating to suspension and changes in shifts after 28 March 2021, which failed and were dismissed. A further complaint that the Claimant had been ostracised was withdrawn in closing submissions and dismissed on withdrawal.

The complaint of automatically unfair dismissal under s.103A Employment Rights Act 1996 failed: the tribunal concluded that the disclosure made on 28 March 2021 was not made in the public interest and so was not a protected disclosure. The judgment directed that a preliminary hearing be listed by telephone to make orders for a separate remedy hearing; no remedy figures were determined in the liability judgment.