Claimant v National Wealth Fund Limited
Outcome
Individual claims
The respondent subjected the claimant to a detriment by not progressing his request for a pay review after 11 March 2022. The tribunal found this was direct sex discrimination, treating the claimant less favourably because of his sex.
The respondent subjected the claimant to multiple detriments because he had done a protected act. These included: not progressing pay review after 27 June 2022, seeking to immediately terminate his contract on 28 June 2022, deciding not to extend his contract from 29 July 2022, and providing factually incorrect feedback on 21 October 2022.
The tribunal found that the respondent subjected the claimant to a detriment (providing factually incorrect feedback on 21 October 2022) because he made a public interest disclosure about the Finance Director perpetuating a culture of bullying. However, the complaint was presented more than 3 months after the act and dismissed as out of time, as it was reasonably practicable to present within the time limit.
Facts
The claimant requested a pay review in March 2022 which was not progressed. Following a protected act in June 2022, the respondent attempted to immediately terminate the claimant's contract on 28 June 2022, initially decided not to extend his contract from 29 July 2022 (later reversed), and provided factually incorrect feedback on 21 October 2022. The claimant had also made a public interest disclosure about the Finance Director's culture of bullying and blaming.
Decision
The tribunal found that the failure to progress the pay review after 11 March 2022 was direct sex discrimination, and that multiple subsequent acts (non-progression of pay review, attempted immediate termination, contract extension decision, and incorrect feedback) constituted victimisation. The whistleblowing claim succeeded on merits but was dismissed as out of time. Other claims were dismissed.
Practical note
Employers who fail to progress pay reviews and then take adverse actions following protected acts risk findings of both direct discrimination and victimisation, even where time limit issues arise.
Case details
- Case number
- 6000815/2023
- Decision date
- 21 July 2025
- Hearing type
- full merits
- Hearing days
- 15
- Classification
- contested
Respondent
- Sector
- financial services
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- Yes
- Rep type
- barrister