Claimant v TOC Property Servicing Limited
Outcome
Individual claims
The tribunal found in favour of the claimant on her complaint of direct race discrimination. The respondent did not attend to defend the claim, and the claimant presented evidence supporting her allegations of discriminatory treatment.
The tribunal upheld the unfair dismissal claim. The respondent failed to attend or present any evidence to justify the dismissal as fair. The claimant established that she was dismissed and that the dismissal was procedurally and substantively unfair.
Facts
Mrs Kamalska brought claims of race discrimination and unfair dismissal against her former employer, TOC Property Servicing Limited. She was employed on a weekly wage of £580.56. The respondent failed to attend the hearing or provide any defence to the allegations. The claimant appeared in person and presented her case to the tribunal.
Decision
The tribunal found in favour of the claimant on both claims. In the absence of the respondent, the claimant's evidence was accepted. She was awarded a basic award of £7,837.56 for 9 weeks' pay at the applicable multiplier, a compensatory award of £6,986.65 representing three months' lost earnings plus £1,000 for loss of statutory rights, and £8,000 for injury to feelings arising from the race discrimination.
Practical note
When a respondent fails to defend a claim, tribunals can proceed to judgment based on the claimant's evidence alone, awarding appropriate compensation across multiple heads of claim including basic and compensatory awards for unfair dismissal and injury to feelings for discrimination.
Award breakdown
Vento band: lower
Case details
- Case number
- 6010670/2024
- Decision date
- 24 September 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- professional services
- Represented
- No
Employment details
Claimant representation
- Represented
- No