A v B: 4113101/2018
| Judgment Date | 07 January 2020 |
| Citation | 4113101/2018 |
| Published date | 28 February 2020 |
| Court | Employment Tribunal |
| Subject Matter | Public Interest Disclosure |
ETZ4(WR)
EMPLOYMENT TRIBUNALS (SCOTLAND)
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Case No: 4113101/2018 Hearing at Edinburgh on 6, 7, 8, 9, 12 and 13 August
2019, and Members’ Meeting on 18 October 2019
Employment Judge: M A Macleod
Tribunal Member: M McAllister
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Tribunal Member: J Chalmers
A Claimant
Represented by
Mr R Clarke
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Solicitor
B Respondent
Represented by
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Mr W Lane
Solicitor
JUDGMENT OF THE EMPLOYMENT TRIBUNAL
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The unanimous Judgment of the Employment Tribunal is that the claimant’s
claims of direct discrimination on the grounds of sex under section 13 of the
Equality Act 2010, and of harassment on the grounds of sex under section 26
of the Equality Act 2010, both succeed; and that the claimant’s remaining
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claims all fail, and are dismissed. The case shall now be appointed to a
hearing to determine remedy.
REASONS
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1. In this case, the claimant presented a claim to the Employment Tribunal on
3 August 2018, in which she submitted a number of complaints against the
respondent. In particular, she complained that she had been discriminated
4113101/18 Page 2
against on the grounds of sex contrary to sections 13 and 39, 26 and 27 of
the Equality Act 2010; suffered detriment on grounds related to trade union
membership or activities contrary to section 146 of the Trade Union and
Labour Relations (Consolidation) Act 1992; and that she was automatically
unfairly dismissed on the grounds of having made a protected disclosure to
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the respondent contrary to section 103A of the Employment Rights Act 1996
(ERA).
2. The respondent submitted an ET3 in which they resisted all of the
claimant’s claims.
3. Further particulars of the claims were provided by the claimant in the form of
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a table.
4. A hearing was listed to take place commencing on 6 August 2019, and that
hearing continued on 7, 8, 9, 12 and 13 August 2019. Submissions were
heard from the parties on 12 and 13 August, the former having been
curtailed by the illness of one of the Tribunal members, necessitating an
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early adjournment.
5. The claimant was represented by her solicitor, Mr R Clarke. The
respondent was represented by their solicitor, Mr W Lane.
6. The claimant gave evidence on her own behalf, and called as a witness
Mark Anthony McHugh, Regional Officer for the Bakers Food and Allied
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Workers Union.
7. The respondent called to give evidence the following witnesses:
• Michelle Lisa Palmer (known as Lisa), Restaurant General Manager;
• Alan Paterson, Cook;
• Wioleta Walczyk, formerly Assistant Manager; and
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• Ann Marie McVey, Office Manager.
4113101/18 Page 3
8. The parties presented a joint bundle of productions, to which reference was
made throughout the proceedings, and to which some additions were made
during the hearing.
9. At the start of the hearing, it was raised that the claim still appeared to have
been listed as against C. However, on inspection of the Note following
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Preliminary Hearing by Employment Judge Porter dated 4 October 2018,
the Tribunal noted that the claim against that respondent had been
dismissed (43).
10. During the course of submissions, parties agreed that the Tribunal would
only deal with the issue of liability in this hearing, and that remedy would be
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the subject of a separate hearing if required.
11. Following the conclusion of the evidence, I raised with the parties a matter
which had previously been canvassed before Employment Judge Porter,
namely whether an Order under Rule 50 of the Employment Tribunals Rules
of Procedure was to be sought by either party. That matter is addressed in
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submission, and an appropriate Order set out above.
12. Based on the evidence led, and the information provided, the Tribunal was
able to find the following facts admitted or proved.
Findings in Fact
13. The claimant, whose date of birth is 15 November 1992, commenced
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employment with the respondent as a team member in the Livingston
branch of C on or about 1 September 2017.
14. The respondent is a company which operates 5 C restaurants in Scotland,
including the Livingston branch.
15. From 2011 until 2016, the claimant was in an abusive personal relationship
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with a male partner, with whom she had two children. The abuse she
suffered took the form both of mental and physical abuse, and included
threats to her. A feature of the relationship was that her former partner
would force her to engage in sexual intercourse with men for money. She
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