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.
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