Mr Courtney Rawlins v DPD Group UK Limited — 2024

The Tribunal dismissed the Claimant's claims for automatically unfair dismissal (because he did not meet the requirements of s104 ERA 1996) and constructive dismissal (because he lacked the two years' qualifying service required by s108 ERA 1996). The Tribunal extended time on a just and equitable basis in respect of acts which took place more than three months (plus early conciliation) before the relevant claims were brought.

The Tribunal upheld the Claimant's claim of harassment related to sex contrary to s26 Equality Act 2010 in three respects: the Respondent breached his confidentiality and allowed co-workers to gossip about his amended hours following a flexible working arrangement; allowed co-workers to complain about his flexible working request; and a manager told him the reason for his extra work was that he had an 'extra day off' and so could cope with it. The direct sex discrimination claim under s13 was dismissed, either because the same conduct had been found as harassment, the facts were not proved, or the proven facts did not amount to less favourable treatment because of sex.

The Tribunal found a causal link between the proved harassment and the Claimant's resignation, and awarded loss of earnings for 12 months reflecting the difference between his DPD earnings and his subsequent Iceland earnings (£10,620.48), holding that further losses arose from the Claimant's choice rather than necessity. Injury to feelings was assessed at the top of the lower Vento band at £8,000, with interest at 8% over 32 months of £1,706.67, giving total compensation of £20,327.15.