Member J Ward Tribunal Member J Gallacher Ms N A Righetti v Represented by Mr C Maclean - Solicitor BDW Trading Limited — 2022

The claimant, a former employee of BDW Trading Limited, had previously brought Equality Act proceedings against the respondent in 2019. Those earlier claims were settled by a COT3 in around September 2020, and the agreement included terms that the respondent would not authorise adverse or derogatory comment about her and would provide a reference in the agreed form. In August 2021 the claimant was offered a senior development planner role by Banks Group Limited at a salary of £60,000, but the offer was later withdrawn after what the tribunal described as informal or “soft” references.

The tribunal accepted the claimant’s evidence and that of the recruitment consultant, Ms Johnson, and did not accept Mr Dodson’s evidence. It found that a negative reference or negative feedback had been given and inferred that it came from Mr Dodson. In reaching that conclusion, the tribunal relied on the timing of the withdrawal, the content of the recruitment consultant’s notes and communications, and the fact that Mr Dodson knew about the earlier grievance and settlement. Applying section 27 and the burden of proof under section 136 of the Equality Act 2010, the tribunal held that the claimant had been subjected to a detriment because she had previously brought and settled Equality Act proceedings against the respondent.

On remedy, the tribunal found that the claimant had suffered loss of earnings because the Banks job was withdrawn and she did not obtain new employment until January 2022. It awarded £11,265.10 for financial loss on the basis of a £60,000 salary and the period of lost earnings accepted at the hearing. The tribunal also awarded £5,000 for injury to feelings, placing the case at the lower end of the Vento scale and noting that there was limited direct evidence of psychological injury, although it accepted that the claimant had been adversely affected by losing the job opportunity. The total award was £16,265.10.