MS SOPHIA HASSAN v Whitbread Group plc — 2026

Ms Sophia Hassan brought claims of constructive unfair dismissal, harassment related to sex, and failure to provide statutory rest breaks arising from her employment as a receptionist at a Premier Inn. The tribunal dismissed all three claims.

On rest breaks, the tribunal found that Ms Hassan was entitled to an uninterrupted 20-minute break during her eight-hour shifts. It preferred the respondent's witnesses and found that managers offered breaks at times set by the business, while Ms Hassan sometimes declined because the timing did not suit her. Managers then tried to cover a later break or allowed her to leave early. Three payroll adjustment forms signed by Dawid Machowicz showed that no break was taken on those occasions, but the tribunal found that they did not show that no break had been offered. It rejected the claim on its merits and also held that complaints predating 1 March were out of time because it had not been shown that presenting them earlier was not reasonably practicable.

The tribunal found that, on 9 March 2024, Ethan Dale publicly made the comment, "tell her I want a kiss". It accepted that this was unwanted conduct of a sexual nature which had the purpose or effect required by section 26 of the Equality Act 2010. It did not accept that Niall Moore prompted the comment or that Eleanor Royle laughed, encouraged it, or said that Mr Dale fancied Ms Hassan.

The harassment claim against Whitbread Group plc was dismissed because the tribunal found that the respondent had taken all reasonable steps to prevent such conduct. It relied on compulsory induction training, a zero-tolerance policy and a confidential reporting line. The response after the incident also supported the tribunal's view of those measures: an investigation began within days, a report was produced on 14 March, and Mr Dale was dismissed for gross misconduct on 28 March 2024.

For constructive dismissal, the only factual allegation accepted by the tribunal was Mr Dale's harassment. In light of the reasonable steps defence, the tribunal found that this did not establish a repudiatory breach of the implied term of trust and confidence by the respondent. It also found that Ms Hassan continued working after the 9 March incident and acted consistently with affirming the contract. Her grievance remained under consideration when she resigned on 29 July 2024, and the tribunal found that concern about facing the disciplinary process concerning events on 29 and 30 March was more likely to have prompted her resignation than the alleged breaches. The judgment records no award of compensation or other remedy.