Member L Millar Tribunal Member J McCaig Ms L G Coia v Limited (in Liquidation) and 1 other — 2024

The Tribunal found that the claimant was employed as a medic by the first respondent and that the second respondent was a director, manager and line manager. It found that on 28 July 2023 the second respondent asked the claimant if she was pregnant, then said that if she was not pregnant he could give her a hand getting pregnant, and later said that the offer still stood. It also found that on 29 July 2023 he again asked if she was pregnant.

The Tribunal concluded that those comments amounted to less favourable treatment because the claimant was a woman. It considered how the second respondent would have treated a male medic in comparable circumstances and found that he would not have asked about pregnancy or offered sex to help achieve pregnancy. The direct sex discrimination complaint therefore succeeded.

For harassment, the Tribunal found that staff discussed and speculated about the claimant's complaint and the investigation, but did not find that Mr Murray's conduct was unwanted conduct related to sex. It upheld the harassment complaint in relation to the way the respondents managed and investigated the complaint. The Tribunal found that the investigation was not conducted to ascertain facts, reflect on what happened, or consider training needs, but to protect the second respondent if HCPC became aware or other proceedings were raised. It found that the conduct had the effect of violating the claimant's dignity and was related to sex.

The Tribunal awarded £6,000 for injury to feelings, placing the case in the lower Vento band while noting that there were different types of discrimination and that it was not a one-off act. It ordered the first and second respondents to pay that sum jointly and severally, with interest of £569.42.