Claimant v West Leeds Civils Ltd
Outcome
Individual claims
The claim for sex discrimination was withdrawn by the claimant and dismissed by the tribunal.
The tribunal dismissed the claim for direct race discrimination, finding that the claimant had not established less favourable treatment because of race.
The tribunal found that the claimant was subjected to unwanted conduct related to race that violated her dignity or created an intimidating, hostile, degrading, humiliating or offensive environment.
The victimisation claim succeeded in relation to the respondent pursuing allegations of gross misconduct via instructions to Matt Livesey of Black Ink HR up to 21 October 2024. This was found to be a detriment because the claimant had done a protected act. The remaining victimisation complaints were dismissed.
The tribunal found that when proceedings began, the respondent was in breach of its duty to provide written statement of employment particulars under section 1 ERA 1996. The tribunal found it just and equitable to award four weeks pay.
Facts
Ms Hayes brought claims against West Leeds Civils Ltd including sex discrimination, race discrimination, harassment related to race, and victimisation. The respondent also failed to provide written employment particulars. The case involved allegations of gross misconduct pursued by the respondent through an external HR consultant, Matt Livesey of Black Ink HR, up to 21 October 2024.
Decision
The tribunal dismissed the sex discrimination claim on withdrawal and the direct race discrimination claim. The claims for harassment related to race and victimisation (in part) succeeded. The tribunal also found the respondent had breached its duty to provide written employment particulars and awarded four weeks pay. Total compensation was £23,535.91 including injury to feelings of £13,000 and interest.
Practical note
Employers pursuing misconduct allegations after a protected act may face successful victimisation claims, and failure to provide written employment particulars can result in additional awards of up to four weeks pay.
Award breakdown
Vento band: middle
Legal authorities cited
Statutes
Case details
- Case number
- 6015780/2024
- Decision date
- 26 November 2025
- Hearing type
- full merits
- Hearing days
- 3
- Classification
- contested
Respondent
- Sector
- construction
- Represented
- Yes
- Rep type
- in house
Employment details
Claimant representation
- Represented
- Yes
- Rep type
- barrister