Member Ms Z van Zwanenberg Tribunal Member Mr A Matheson Ms S Stanyte v The City of Edinburgh Council — 2023

The claimant, a Lithuanian social worker, began work for the respondent while her SSSC registration position was unclear. The tribunal found the registration guidance and communications were confusing, that the claimant reasonably relied on information from the respondent's recruiting manager, and that there was no evidence she had sought to mislead anyone.

The tribunal found the respondent subjected the claimant to less favourable treatment because of her Lithuanian nationality. It relied on the decision to put her through a disciplinary investigation, transfer her out of and back into her role at short notice, continue the investigation after registration was obtained, and fail to address her grievance. The tribunal rejected the respondent's explanation that a disciplinary investigation was the only option and found the respondent had not established a non-discriminatory reason for the treatment.

The tribunal found the claimant resigned because of the discriminatory treatment, including the investigation, transfers, and failure to deal with her grievance, and that her dismissal was an act of discrimination. It dismissed the protected disclosure claim because no protected disclosure was established, and dismissed the statement of terms claim because the original contract satisfied section 1 ERA requirements. Compensation was awarded for loss of earnings and injury to feelings, with a 5% uplift for failure to comply with the ACAS Code in relation to the grievance, plus interest.