Claimant v Omni Support Group Ltd
Outcome
Individual claims
The tribunal found the complaint of harassment related to race in case number 1401298/2024 was well-founded and succeeded. The judgment does not provide detailed written reasons as they were given orally at the hearing.
The victimisation complaint in case number 1400485/2025 succeeded in relation to the Respondent's refusal to provide a reference on 10 December 2024, but the remaining complaints of victimisation were dismissed as not well founded.
The complaints of being subjected to detriment for making a protected disclosure succeeded in relation to the Respondent's refusal to provide a reference on 23 September 2024 and 10 December 2024. The remaining complaint was dismissed as not well-founded. The claims were presented within time and the protected disclosures were found to have been made in good faith.
Facts
Ms Kulikowska brought two claims against Omni Support Group Ltd. The first (1401298/2024) concerned harassment related to race. The second (1400485/2025) concerned victimisation and whistleblowing detriments, specifically relating to the Respondent's refusal to provide references on two occasions in September and December 2024. The Respondent failed to comply with the ACAS Code on grievance procedures.
Decision
The tribunal found the harassment claim succeeded. The victimisation and whistleblowing claims partially succeeded in relation to the refusal to provide references on 23 September 2024 and 10 December 2024. The tribunal applied a 15% ACAS uplift due to the Respondent's unreasonable failure to follow procedures and found no contributory fault by the Claimant.
Practical note
Refusing to provide a reference following protected disclosures or protected acts can constitute both victimisation and whistleblowing detriment, and failure to follow ACAS grievance procedures will likely result in an uplift to compensation.
Adjustments
The Respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015 and it is just and equitable to increase the compensation payable to the Claimant by 15%
Legal authorities cited
Statutes
Case details
- Case number
- 1401298/2024
- Decision date
- 28 August 2025
- Hearing type
- full merits
- Hearing days
- 3
- Classification
- contested
Respondent
- Sector
- professional services
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- Yes
- Rep type
- barrister