Claimant v ISG Construction Limited (In Administration)
Outcome
Individual claims
The tribunal found the claim of constructive unfair dismissal to be well founded, meaning the claimant successfully established that the employer's conduct entitled her to resign and treat herself as dismissed. Awards for basic and compensatory awards were granted.
The tribunal found the sex discrimination claim under section 26 Equality Act 2010 (harassment) to be well founded. An injury to feelings award was made, indicating the claimant successfully proved she was subjected to unwanted conduct related to her sex that violated her dignity or created an offensive environment.
Facts
Ms Murphy was employed by ISG Construction Limited and resigned, claiming constructive dismissal. She also brought a claim of sex discrimination in the form of harassment under section 26 of the Equality Act 2010. The respondent company was in administration and did not attend or participate in the hearing. The claimant appeared in person at a remote video hearing.
Decision
The tribunal found both claims well founded in a default judgment. Ms Murphy was awarded £5,250 basic award, £5,600 compensatory award for 12 weeks' loss of earnings, £289 for unpaid pension contributions, and £16,000 for injury to feelings arising from sex harassment. The total award was £27,139.
Practical note
When an employer is in administration and does not participate, tribunals may issue default judgments on well-founded claims, with injury to feelings awards in the middle Vento band reflecting the seriousness of harassment claims even without contested evidence.
Award breakdown
Vento band: middle
Legal authorities cited
Statutes
Case details
- Case number
- 1401343/2024
- Decision date
- 2 May 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- construction
- Represented
- No
Employment details
- Service
- 5 years
Claimant representation
- Represented
- No