Employment Tribunal – Ms N Chung v Whisky 1901 Ltd: 2205139/2023

Ms Anna Gatrell for the Claimant.

The unanimous judgment of the Tribunal is as follows:

1) The following complaint of direct sex discrimination is well-founded and succeeds:

– Failure to uphold the claimant’s grievance instead preferring the account of Mr Sidhu

The remaining complaints of direct sex discrimination are not well-founded and are dismissed.

2) The following complaints of harassment related to sex are well-founded and succeed:

·         Mr Sidhu locking the claimant out of the office in September 2022;

·         On/around 31 August 2022, Mr. Sidhu asking the claimant if she was planning on getting pregnant;

·         Employees making derogatory comments about women such as “birds”; boasting of sexual conquests.

The remaining complaints of harassment related to sex are not well-founded and are dismissed.

3) The following complaints of victimisation are well-founded and succeed:

·                     On 14 November 2022, raising misconduct allegations and suspending the claimant from work for 5 months;

·                     Mr Sparkes disciplining the claimant without his attending the disciplinary hearing;

·                     Imposing a 12-month written warning when 6 months had been recommended; and

·                     Dismissing the claimant (by way of her resignation).

The remaining complaint of victimisation is not well-founded and is dismissed.

4) The claimant’s claim for breach of contract is well founded and succeeds.

Read the full Judgment here.