Angela Szmolai v ISS Facility Services Limited and 1 other — 2021

The claimant was an area manager on a cleaning contract. The tribunal found that the contract had performance issues, including missed and poor cleans, and that Peter Joyce had been brought in to address those issues. The claimant's complaints concerned night work, grievance outcomes, suspension, collection of company property, and alleged excessive monitoring or pressure after her grievance.

The tribunal dismissed the direct sex discrimination allegations. It found that the claimant had not objected in principle to cleaning or night work, that arrangements for the 20 most problematic shops were to be organised by the claimant and her manager, and that a male comparator also worked nights. It also found that the suspension was supported by adequate reasons pending investigation and that a male manager was suspended at the same time for similar reasons.

The harassment claim was dismissed because, although some conduct was unwanted, the tribunal found no link to the claimant's sex. The victimisation claim was dismissed because the tribunal found there was no protected act once the claimant abandoned the allegation that the 28 August 2019 telephone call was sex discrimination. The tribunal upheld the conceded wage deduction and holiday pay claims, ordering payment by the second respondent because of the TUPE transfer.