Ms L Thompson First v L G Daniels Limited — 2019

Ms L Thompson worked for L G Daniels Limited as a Creative Stylist from 31 March 2018 until her dismissal on 27 June 2019. The tribunal found that the reason for dismissal was her unauthorised access to the Respondent’s computer system using the owner’s four-digit access code, which she accepted she had not been given or authorised to use. It found that the events of 12 June 2019 did not affect that decision.

The tribunal heard conflicting evidence about a meeting on 12 June 2019 in which LD raised concerns about the Claimant’s appearance and conduct. It found that LD was dissatisfied with her appearance and behaviour, including what he thought was inappropriate presentation for the salon, but did not accept that he said her hair was disgusting, her clothing was shabby, her make-up was inappropriate, or that she was told she did not have the look of an Urban Angel. It also did not accept that he stood very close to her or rubbed her back. It accepted that she was given £100 to buy work clothes and was offered a hair treatment, and found those offers were made in a supportive way.

On limitation, the tribunal held that the last act complained of was 12 June 2019 and that the discrimination claims were presented out of time. The claim form was presented on 2 November 2019, the primary time limit expired on 11 September 2019, and the ACAS early conciliation period began after that expiry. It found there was insufficient evidence to explain the delay and refused to extend time on a just and equitable basis, so it had no jurisdiction to consider the complaints relating to the 12 June events.

For completeness, the tribunal also considered the merits and found that any hypothetical comparator, including a male or under-40 employee or stylist in similar circumstances, would have been treated similarly. It accepted that some of the conduct was unwanted for the purposes of harassment, but found it was not related to age or sex. The tribunal therefore dismissed the claims of direct age discrimination, direct sex discrimination, and harassment related to age and/or sex.