Mrs E J Hossack Mr S Larkin Hearing and September and October 2023 Mr Scott Duncan v Langdykes Limited trading as the Langdykes — 2023

Mr Scott Duncan withdrew his unfair dismissal claim, but the tribunal still determined his harassment claim under section 26 of the Equality Act 2010 and his claim for one week's notice pay. The hearing was before Employment Judge Hendry with members Mrs E J Hossack and Mr S Larkin, and the tribunal heard evidence from the claimant, his partner Nicola Duncan, and Mr Albert (Bert) McPherson.

The tribunal accepted the claimant's account that Mr McPherson made repeated unwanted comments related to his sexual orientation over a short period, including incidents found to have occurred on 22 October 2022, 18 November 2022, 3 December 2022 and 23 January 2023. It found the claimant and his partner credible, rejected the respondent's denial, and concluded that the conduct was unwanted and had the effect of creating an intimidating, hostile, degrading, humiliating or offensive environment. It treated the matter as a series of incidents rather than a one-off event.

On remedy for the harassment, the tribunal said the case did not fall within the lowest Vento band but also did not justify the highest band. It awarded £10,000 for injury to feelings and £511 interest at 8% per annum from the last incident on 23 January 2023 to the hearing on 12 September 2023.

The tribunal also upheld the notice-pay claim. It rejected the respondent's case that the claimant had committed gross misconduct justifying summary dismissal, found that the alleged disciplinary minute did not reflect what had actually happened, and accepted that he was simply told he was not a good fit and was being let go. It found that the alarm/timesheet points did not establish gross misconduct and awarded one week's pay in lieu of notice, which it found to be £483.