Case 3205262/2021 · Employment Tribunal
Ms F Athif v Mr M J Lallmohamud and 1 other — 2023
- Case reference
- 3205262/2021
- Decision date
- 3 February 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Jones Members
- Venue
- East London Hearing Centre
- Panel members
- Ms T Jansen, Ms C Whitehouse
Parties
3 namedClaimant
Ms F Athif
Respondents
Key findings
Tribunal's reasoningEmployment Judge Jones with members Ms T Jansen and Ms C Whitehouse found that the claimant Ms F Athif was employed by the second respondent Spice E17 Ltd. The Tribunal proceeded in the absence of both respondents after multiple late adjournment applications by the first respondent, finding that he had not provided proper medical evidence to justify non-attendance.
The complaints of indirect sex discrimination against both respondents and harassment related to sex against the first respondent succeeded, as did claims for failure to provide written terms and conditions and unlawful deduction of wages. The Tribunal awarded £10,000 for injury to feelings and £1,857.12 in interest, plus £17.82 holiday pay and £534.60 for the failure to provide written terms, giving a remedy of £15,409.54.
A preparation time order of £1,056 (32 hours at £33/hour) was made under Rule 75 on the basis that the respondents had conducted their defence vexatiously and unreasonably, including causing three previous hearings to be adjourned. The total payable to the claimant was £16,465.54. PDF text was truncated; the full reasoning on indirect discrimination and harassment was not entirely visible.
Claims and outcomes
5 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Sex discrimination | Indirect sex discrimination against both respondents succeeds. | Upheld | Sex | — |
| Harassment | Harassment related to sex against the 1st Respondent succeeds. | Upheld | Sex | — |
| Other | Failure to provide written terms and conditions of employment under section 1 ERA 1996. | Upheld | — | £535 |
| Unlawful deduction from wages | 2nd Respondent unlawfully deducted wages. | Upheld | — | — |
| Holiday pay | Holiday pay component of remedy. | Upheld | — | £18 |
Remedy
Monetary award- Total award
- £16,466
- across all upheld claims
Legal tests applied
4 references- section 1 Employment Rights Act 1996
- Rule 75 Employment Tribunal Rules of Procedure
- section 19 Equality Act 2010
- section 26 Equality Act 2010
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
- Open official judgment 1 PDF on gov.uk
- Open official judgment 2 PDF on gov.uk
- Open official judgment 3 PDF on gov.uk
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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