Cases1304194/2021

Claimant v GDK 5 Ltd German Donner Kebab

30 April 2025Before Employment Judge ChildeWest Midlands (Birmingham)

Outcome

Claimant succeeds£25,015

Individual claims

Direct Discriminationsucceeded

This is a remedy hearing following a liability judgment finding unlawful discrimination. The tribunal awarded compensation for loss of earnings and injury to feelings, indicating the discrimination claim succeeded at the liability stage.

Facts

Ms Moldoveanu was dismissed from her role at German Donner Kebab on 25 July 2021. Following a liability hearing, the tribunal found that the respondent had unlawfully discriminated against her. This remedy hearing was held to determine appropriate compensation. The claimant remained unemployed for 14 weeks following dismissal until 1 November 2021. Her average weekly pay was agreed at £260.26.

Decision

The tribunal awarded total compensation of £25,014.94 comprising £3,643.64 for loss of earnings (14 weeks), £16,000 for injury to feelings (middle Vento band), and £5,371.30 in interest calculated at 8% per annum. Interest on injury to feelings was calculated from the date of dismissal for 1,375 days, and interest on financial loss from the mid-point date for 688 days.

Practical note

In discrimination cases, substantial injury to feelings awards in the middle Vento band (£16,000) can be appropriate, and interest calculated over several years can add significantly to the total award, here contributing over 21% of the final compensation.

Award breakdown

Injury to feelings£16,000
Interest£5,371

Vento band: middle

Legal authorities cited

Statutes

Equality Act 2010

Case details

Case number
1304194/2021
Decision date
30 April 2025
Hearing type
remedy
Hearing days
1
Classification
contested

Respondent

Sector
hospitality
Represented
Yes
Rep type
lay rep

Employment details

Claimant representation

Represented
No