Ms J Almussawi v Wejdi Moussa — 2024

The respondent did not lodge an ET3 and did not appear, so the case proceeded undefended on the claimant's evidence alone. The claimant started work on 21 July 2023 in a front-of-house/waitressing role at the respondent's restaurant. Her unfair dismissal complaint was dismissed for want of jurisdiction because she had less than two years' service and no automatic unfair dismissal exception applied.

On the evidence heard, the tribunal found a course of unwanted conduct by the respondent, including the comment about the claimant's eyes at interview, repeated adjustments to her clothing, insisting on attaching the radio on her first shift which led to physical contact, repeated offers of lifts home, secret extra payments of £20, and winking. It held that this conduct was unwanted, that it had the prohibited effect, and that it was related to sex and/or was of a sexual nature. Applying the approach in Hartley, Igen and Hewage, the tribunal drew the necessary inference from the facts, including the absence of any explanation and evidence that the respondent had behaved similarly towards another female employee.

The tribunal also found that the claimant was dismissed when the respondent stopped contacting her after her exam leave, did not respond to repeated calls and messages, and then blocked her number. With no direct explanation for the dismissal, it inferred that she was dismissed because she rejected the respondent's harassment and had complained about it to other staff, bringing the dismissal within s26(3) of the Equality Act 2010. It found a separate breach of contract for dismissal without notice, but made no separate award because that loss was already reflected in the discrimination compensation.

On remedy, the tribunal assessed injury to feelings at the upper end of the first Vento band, awarding £10,000 plus £753.46 interest. It then calculated loss of wages using an average weekly wage of £525.97, allowing 50 weeks' past loss and 12 weeks' future loss, subtracting post-dismissal earnings and Universal Credit, and adding £1,015.95 interest. A 10% ACAS uplift of £2,798.37 was applied to the loss-of-wages compensation. The tribunal therefore awarded £41,535.49 for harassment, £262.99 holiday pay for 0.5 weeks' untaken leave, and a £1,051.94 section 38 additional award for the absence of a written statement of terms and conditions.