Outcome
Individual claims
The tribunal found that the respondent's conduct amounted to a fundamental breach of contract entitling the claimant to resign. The claimant resigned in response to that breach and the dismissal was unfair.
The tribunal found that the respondent harassed the claimant in relation to allegations 3.2.3 through 3.2.6 and 3.2.8. Other allegations of harassment were not upheld.
The tribunal found the claim of direct discrimination was not well-founded. The claimant failed to establish less favourable treatment because of a protected characteristic.
The tribunal found that the respondent subjected the claimant to detriment because the claimant had done a protected act under the Equality Act 2010.
Facts
Mr Sobiech brought claims against Lyons Seafood Ltd for constructive unfair dismissal, harassment, direct discrimination, and victimisation. The case was heard over five days in Southampton before a full tribunal panel. Two claim numbers were consolidated for the hearing.
Decision
The tribunal found in favour of the claimant on constructive dismissal and victimisation. The harassment claim succeeded in part with specific allegations upheld. The direct discrimination claim was dismissed as not well-founded.
Practical note
A constructive dismissal claim can succeed alongside partial harassment and victimisation claims even where direct discrimination is not established, demonstrating distinct legal tests for each claim type.
Case details
- Case number
- 1403630/2022
- Decision date
- 11 April 2025
- Hearing type
- full merits
- Hearing days
- 5
- Classification
- contested
Respondent
- Sector
- manufacturing
- Represented
- Yes
- Rep type
- lay rep
Claimant representation
- Represented
- Yes
- Rep type
- lay rep