Claimant v Glowstone Limited
Outcome
Individual claims
The tribunal found the claimant's complaint of direct age discrimination contrary to section 13 of the Equality Act 2010 was not well-founded. The tribunal concluded there was insufficient evidence to establish that the claimant was treated less favourably because of her age.
The tribunal found the claimant's complaint of indirect age discrimination contrary to section 19 of the Equality Act 2010 was not well-founded. The tribunal concluded the claimant failed to establish that a provision, criterion or practice was applied that put persons of her age group at a particular disadvantage.
The tribunal found the respondent breached the claimant's contract by failing to pay her notice pay. The tribunal awarded £279.99 representing the unpaid notice pay owed to the claimant.
The tribunal found the respondent failed to issue the claimant with a statement of particulars of employment as required by section 1 Employment Rights Act 1996. As a result, the tribunal awarded compensation of four weeks' pay under section 38 Employment Rights Act 2002.
Facts
Miss Golas brought claims against Glowstone Limited and director Mr Gostelow including age discrimination (both direct and indirect), breach of contract for unpaid notice pay, and failure to provide written particulars of employment. The hearing was conducted remotely by CVP with the claimant representing herself and Mr Gostelow representing the company respondents. The judgment indicates the employment relationship ended with notice pay owing.
Decision
The tribunal dismissed both age discrimination claims as not well-founded, finding insufficient evidence to establish either direct or indirect discrimination. However, the tribunal upheld the breach of contract claim awarding £279.99 for unpaid notice pay and awarded £960 (four weeks' pay) for the employer's failure to provide a written statement of particulars as required by law.
Practical note
Employers who fail to provide written particulars of employment face automatic awards of up to four weeks' pay, even where discrimination claims fail on their merits.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 2407351/2023
- Decision date
- 5 August 2025
- Hearing type
- full merits
- Hearing days
- —
- Classification
- contested
Respondent
- Sector
- other
- Represented
- Yes
- Rep type
- lay rep
Employment details
Claimant representation
- Represented
- No