In person For the v Mr P Maratos – Consultant, Peninsula — 2017

The tribunal held that the claimant was employed by NN Ltd only, not by Mr N personally. It found that the agreed rate of pay was £100 per day and that, apart from holiday pay, the claimant had been paid all remuneration due. The unlawful deduction claim therefore failed. The holiday pay claim succeeded: the tribunal found that the claimant was a worker for nine weeks, accrued 3.5 days' holiday at £100 per day gross, and adjourned the quantification of that issue to the remedy hearing.

On protected disclosures, the tribunal found that the pleaded 21 January 2018 disclosure to BMI was not proved as pleaded and that Mr N did not know about any complaint to Ms Bajraktari until the hearing. It held that later disclosures to BMI in April and July 2018 were not protected disclosures because BMI was not the claimant's employer or a prescribed person, section 43C did not apply, and the section 43G conditions were not met. All whistleblowing detriment and automatic unfair dismissal claims therefore failed.

On sex claims, the tribunal upheld six harassment allegations based on Mr N's use of gender-related language in texts and emails, including 'you gorgeous woman', 'my three angels', 'you're doing great baby', 'my right hand lady', 'my girl' and 'good girl'. It rejected the remaining sex harassment allegations, including the 'x' text allegations and the alleged sexual advances on 23 January and 21 February, and it rejected the alternative direct discrimination case. The tribunal found that the claimant resigned on 27 February 2018 after a confrontation with Ms Shurmer; she was not constructively dismissed and no unfair dismissal claim succeeded. Remedy for the successful holiday pay and sex harassment claims was left for a later hearing.