Mrs A Diop v Standard Care Recruitment Limited — 2019

Mrs Awa Diop worked for Standard Care Recruitment Limited from 2 June 2018 to 4 September 2018. The tribunal accepted her evidence as honest and reliable, and found that after the first two weeks Mr Casey Aigbie, understood by the claimant to be the respondent's principal shareholder, director and manager, began making unwanted sexual advances. The text messages included references to love, marriage, dowry, hugging and endearments, and the claimant made clear that she did not want a relationship and wished only to work.

The tribunal held that this conduct amounted to direct sex discrimination and harassment. It found that the behaviour was because of sex, that it was inherent in the acts complained of, and that a male employee would not have been treated in the same way. Applying the harassment provisions, it held that the conduct in fact created an intimidating, hostile, degrading, humiliating or offensive environment, and that it was reasonable for the claimant to experience it that way. The tribunal also noted that there was no contrary evidence from the respondent, which had not appeared at the hearing.

On dismissal, the tribunal held that the claimant was constructively dismissed under section 39(7)(b) of the Equality Act 2010. It found a fundamental breach of contract, linking the resignation not only to the unwanted sexual conduct and harassment but also to the failure to pay wages when due. The claimant resigned with immediate effect on 4 September 2018 and did not unduly delay. The tribunal also found that no payment had been made for accrued annual leave.

On remedy, the tribunal awarded £8,000 for injury to feelings, placing the case at the top end of the lower Vento band as updated for claims presented on or after 6 April 2018. It awarded £11,151 for loss of earnings, calculated by reference to 27 weeks to 28 January 2019, when an unrelated foot operation would in any event have caused absence from work, and it declined to make any future loss award because the evidence was limited. It also awarded £840 for unpaid holiday pay. The total award was £19,991.