In person For both of the v Respondent — 2019

Ms E Groman (née Woolf) brought claims against Universal Science (UK) Ltd and Mr James Stratford arising from her employment as Sales Manager for LED products. The tribunal accepted her evidence about the Lux Live dinner and accommodation in November 2016, the following evening in the apartment, the later request for a shoulder massage and the email exchange about a local massage company, and the September 2017 charity dinner comment. It found Mr Stratford behaved in a sexually harassing manner within s.26 Equality Act 2010 and adjourned the case to 6 September 2019 for remedy on that successful claim.

The victimisation claim failed. The tribunal identified the grievance as the protected act relied on, but found the evidence about the later email-account issue showed a complaint from the claimant and a reasonable and speedy response from the respondents. It found no victimising detriment. The tribunal also said the grievance investigation by Ms Langridge and Ms Campbell was not fair or reasonable, and that neither looked fairly and objectively into the allegations, but that criticism did not alter the dismissal of the victimisation claim.

On the commission and unpaid wages dispute, the tribunal considered the contractual wording and the claimant's claims relating to the Zetas, Holophane and Venture accounts. It accepted that she had done what was required in relation to trip recording and that bad debt was not shown to be decisive, but found the gross profit margin requirement was not met on Zetas and Holophane and was not proved on Venture. It therefore dismissed the breach of contract claim and the unlawful deduction from wages claim arising from the unpaid commission dispute.