CX v The Secretary of State for Justice — 2026

Following the liability hearing, the Tribunal recorded that it had upheld 6 complaints of direct sex discrimination, 7 complaints of harassment related to sex, 4 complaints of direct discrimination related to the Claimant's vegan beliefs, and 4 complaints of harassment related to her vegan beliefs. Other allegations were not upheld, including the allegation relating to dismissal, and the remedy judgment proceeded on the basis of the upheld discriminatory acts.

For financial loss, the Tribunal found that the discriminatory acts for which the Respondent was liable affected the Claimant's work performance and contributed to her dismissal. It found that RX's repeated contact after the Claimant asked him to stop, Officer Connolly's behaviour, and CM Henderson's failure to take action were relevant to the impact on performance. It also found an 80% chance that the Claimant would have been dismissed for failing probation on 2 December 2021 in any event, so it awarded 20% of past income and pension loss to the remedy hearing and 12 months' future loss.

The Tribunal rejected the Respondent's argument that loss of income should end in March 2022 on the basis of Dr Scott's report. It found that the medical records, DWP assessments, and the Claimant's evidence showed she was unable to work from the end of employment to the remedy hearing, and that she was likely to be able to return to work after a further 12 months with therapy, recovery time, and support. It awarded £5,227.08 for past loss of income and pension loss, £4,465.77 for future loss of income and pension loss, £500 for past therapy costs, and £1,240 for future therapy costs.

For personal injury, the Respondent accepted that the upheld acts worsened the Claimant's mental health. The Tribunal placed the injury in the moderately severe Judicial College Guidelines category, rejecting the moderate category because there had not been marked improvement by the remedy hearing and the symptoms were prolonged. It assessed the personal injury at £29,000 before apportionment, then found that 50% was attributable to the discriminatory acts that were upheld and 50% to the April 2021 sexual intercourse, allegations not upheld, and the dismissal allegation. It awarded £14,500 for personal injury and made no further reduction under proposition 16.

For injury to feelings, the Tribunal applied Al Jumard and assessed the two protected-characteristic groups separately while avoiding double counting with the personal injury award. It awarded £7,500 for the vegan belief allegations involving Officer Connolly, limited to the effect on the Claimant's feelings before her July 2021 sickness absence. It awarded £10,000 for the sex-related harassment and direct sex discrimination involving RX and CM Henderson, again excluding the sickness absence and later health impact already compensated as personal injury.