Claimant v Mr M Kontis

Allegation SH2 failed on the facts. Tribunal found Mr Kontis did recount an incident about two men in a toilet, but did not use the words 'having sex', 'intercourse', or 'gay', and did not say he shouted at them. Material components of the alleged harassing conduct were not established.

Allegations SH1, SH3, SH4, SH5, SH6 and SH7 succeeded. Tribunal found Mr Kontis made unwanted, gratuitous comments of a sexual nature which violated the claimant's dignity and created a degrading, offensive environment. Conduct was sexual harassment as claimant reasonably felt embarrassed, disrespected, uncomfortable. Effect was cumulative, in context of power imbalance and confined space.

Respondent conceded that claimant was not paid wages for 1 day on 28 February 2023 and 10 days between 1-12 May 2023, totalling £1,988.45 in unauthorised deductions.

Respondent conceded claimant entitled to £385.39 in expenses. Tribunal found claimant also entitled to £114.14 for car rental 9-12 May 2023, totalling £499.53. Respondent also breached contract by failing to auto-enrol claimant in NEST pension at statutory minimum 3% of gross qualifying earnings.

Claimant's claim for notice pay failed. Tribunal found claimant breached contract by giving one month's notice instead of two months as required, and by promoting her own brand (FYH) during employment in breach of reasonable management instruction. Respondent therefore entitled to dismiss summarily without notice.