Miss Deborah Oziel v Sainsbury’s Supermarkets Limited — 2024

Sitting at Watford Employment Tribunal on 3 to 7 June 2024, Employment Judge Bartlett with Mr Miller and Mrs Hancock heard the claimant's complaints against Sainsbury's Supermarkets Ltd. The tribunal upheld the claims of constructive unfair dismissal under s98 Employment Rights Act 1996, detriment for making protected disclosures under s47B Employment Rights Act 1996, and direct discrimination because of sex under s13 Equality Act 2010. The harassment claim under s26 Equality Act 2010 was dismissed because the same conduct was found to be direct discrimination, which prevents the same conduct also amounting to harassment.

For the unfair dismissal, the tribunal awarded a basic award of £3,375 and compensation of £29,250, calculated as 62 weeks of net pay at £459.90 (£28,513.80) uplifted for failures to comply with the ACAS code and capped at the statutory 52-week limit. The entire compensation amount was the prescribed element, and the tribunal recorded that recoupment applies notwithstanding the cap.

In respect of the discrimination, the tribunal awarded £21,000 for injury to feelings and £2,000 for aggravated damages. Interest at 8% from the agreed midpoint of 1 June 2022 came to £3,718.14. The total award was recorded by the tribunal as £59,333.14.