JKL v Comfort Care Recruitment & Training Ltd — 2023

The tribunal found that the claimant was employed from early July 2022 to mid-September 2022 and that her contract entitled her to one week's written notice during probation. It rejected the respondent's case that it could dismiss without notice for gross misconduct, and held that the dismissal email sent late on 13 September 2022 did not take effect until 14 September 2022. On that basis, the breach of contract claim succeeded.

On the harassment allegations, the tribunal accepted that Mr Ozour touched the claimant on the bottom in August 2022, grabbed her from behind and touched her on the bottom and breast on 18 August 2022, and slapped her on the bottom on 2 September 2022 while she tried to reopen a window. It found that each incident was unwanted conduct related to sex and conduct of a sexual nature. The tribunal did not find that Mr Ozour intended to violate her dignity, but held that the conduct had that effect and that the claimant's dismissal was less favourable treatment because she rejected the conduct.

On victimisation, the tribunal accepted that the claimant sent protected-act emails on 6 September 2022 and 12 September 2022 complaining about sexual harassment and assault. It found that the respondent's dismissal decision was at least partly because of those protected acts. The tribunal rejected the respondent's explanations based on lateness, attendance, alleged bullying, alleged dishonesty, and the 2 September incident. Remedy was left to a later hearing.