Miss ME Jurkowlaniec v Aykut Gul — 2019

The claimant worked as a waitress for the respondent from 15 October 2018 until her dismissal on 15 March 2019. She was paid £8 per hour in cash, did not receive payslips or any written statement of particulars, and the respondent did not lodge a response or attend the hearing. The tribunal heard evidence only from the claimant and found her to be a credible and reliable witness.

The tribunal accepted that from the first shift the claimant experienced unwanted touching by the respondent, including touching on her hips, waist, back and shoulders. After she told him more than once that she did not like to be touched, the conduct continued over the course of her employment. The tribunal found that this amounted to sexual harassment within section 26(2) Equality Act 2010 because it was unwanted conduct of a sexual nature that had the effect of violating her dignity and creating a hostile working environment.

The tribunal also found that the claimant was owed 3 days' wages (£128), one week's notice pay (£240), and accrued but untaken holiday pay (£1,344). It awarded £9,500 for injury to feelings, placing the case in the middle band of the Vento guidelines in light of the duration of the conduct, the claimant's depression and therapy, the respondent's awareness of her concerns, and the continuing nature of the touching despite her objections.

Interest on the injury to feelings award was calculated at 8% per year, or £2.08 per day, from the first day of employment to 21 August 2019, producing £646.88. The tribunal also increased the award by two weeks' pay, £480 gross, under section 38 Employment Act 2002 because no statement of particulars had been provided under section 1 Employment Rights Act 1996. The award was summarised as £11,692 plus interest.