In person (assisted by her son Mr S Ticiuc) For the v Mr R Fuller — 2021

The claimant started work as a warehouse operative at Medicom Healthpro Ltd through RNR on 1 June 2021. She said she was a Christian and did not work on Sundays because she attended church. On 17 June 2021 she was asked to work overtime on Sunday 20 June, replied that she was not available on Sundays and explained why, and on 20 June 2021 she was told by an RNR advisor that she was not a "right fit for the work" and should not attend the Monday shift, which the tribunal treated as termination of her contract. The respondent did not defend the claim and judgment had been entered under Rule 21 for damages to be assessed.

The tribunal held that the claimant's judgment in her favour amounted to a finding of direct or unjustified indirect discrimination on grounds of religion, consisting in the termination of her contract. It noted that she had obtained an EC certificate against Mr Fuller only, so the claim was accepted against him personally. The tribunal also noted that she was not entitled to written reasons for dismissal under section 92 ERA 1996 because, even if she had been an employee, she did not have two years' service.

On remedy, the tribunal accepted that some upset for a week or two would have been natural, but found that later descriptions of severe psychiatric harm were exaggerated and unsupported by medical evidence. It preferred the account in the ET1 and placed the case in the lower Vento band, awarding £6,000 for injury to feelings. It added £1,000 as aggravated damages because of the respondent's dismissive and sarcastic comments when the claimant's son tried to engage with him directly and through ACAS.

Interest was awarded at 8% on the £7,000 total of injury to feelings and aggravated damages from 20 June 2021 to 9 March 2022, amounting to £403.51. The claimant said she was not claiming loss of earnings because she obtained another agency job in July 2021 and could not quantify any loss, so the total award was £7,403.51.