Case 3308236/2023 · Employment Tribunal
Miss Georgia Sylvester Respondent 1: Notley Abbey Ltd Respondent 2: John Holmes v Mr J Munro, Solicitor — 2024
- Case reference
- 3308236/2023
- Decision date
- 5 November 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Graham Members
- Panel members
- Mrs J Hancock, Mr D Wharton
Parties
2 namedClaimant
Miss Georgia Sylvester Respondent 1: Notley Abbey Ltd Respondent 2: John Holmes
Respondent
Key findings
Tribunal's reasoningThe Tribunal unanimously found that the Claimant's complaints of direct race discrimination and harassment related to race succeeded. It also found that her complaint of victimisation succeeded in part, while the unauthorised deductions claim and unfair dismissal complaint were dismissed upon withdrawal.
The Tribunal found that the First Respondent's handling of the Claimant's grievance was a breach of the implied duty of mutual trust and confidence. It found that the grievance process was not properly investigated and amounted to a detriment and an act of victimisation.
The Tribunal found that the Claimant was constructively dismissed by the First Respondent and that this was an act of victimisation. The judgment did not make a remedy award and stated that the matter would proceed to a remedy hearing.
Claims and outcomes
5 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Race discrimination | The reserved judgment states that the complaint of direct race discrimination succeeds. Remedy was reserved for a later hearing. | Upheld | Race | — |
| Harassment | The reserved judgment states that the complaint of harassment related to race succeeds. Remedy was reserved for a later hearing. | Upheld | Race | — |
| Victimisation | The reserved judgment states that the complaint of victimisation succeeds in part, including the finding that the constructive dismissal was an act of victimisation by the First Respondent. Remedy was reserved for a later hearing. | Upheld | — | — |
| Unfair dismissal | The judgment records that the complaint of unfair dismissal was dismissed upon withdrawal at a preliminary hearing. | Withdrawn | — | — |
| Unlawful deduction from wages | The judgment records that the claim for unauthorised deductions was dismissed upon withdrawal. | Withdrawn | — | — |
Legal tests applied
4 references- s.123 Equality Act 2010
- s.13 Equality Act 2010
- Efobi v Royal Mail Group Ltd [2019] ICR 750
- implied duty of mutual trust and confidence
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.
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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