Cases3304929/2022

Claimant v Elite Academy of Security Training Limited

4 March 2025Before Employment Judge PostleNorwichin person

Outcome

Partly successful£225

Individual claims

Whistleblowingfailed

The tribunal found that the claimant's claim that she suffered detriment in making public interest disclosures was not well founded, meaning the tribunal was not satisfied that the claimant made qualifying protected disclosures or that she suffered detriment as a result of such disclosures.

Direct Discriminationfailed

The tribunal found the claimant's claim under the Equality Act 2010 for direct discrimination was not well founded, meaning the tribunal was not satisfied that the claimant was treated less favourably because of a protected characteristic.

Harassmentfailed

The tribunal found the claimant's claim for harassment under the Equality Act 2010 was not well founded, meaning the tribunal was not satisfied that the claimant was subjected to unwanted conduct related to a protected characteristic that violated her dignity or created an intimidating, hostile, degrading, humiliating or offensive environment.

Victimisationfailed

The tribunal found the claimant's claim for victimisation under the Equality Act 2010 was not well founded, meaning the tribunal was not satisfied that the claimant was subjected to a detriment because she had done a protected act under the Equality Act.

Unlawful Deduction from Wagessucceeded

The tribunal found the claimant's claim that she suffered unlawful deduction of wages was well founded. The respondent failed to pay an outstanding contribution of £225 towards the claimant's hotel accommodation, which was wages properly payable to the claimant.

Facts

The claimant, Miss Anais Foucart, worked for Elite Academy of Security Training Limited as a worker. She brought claims for whistleblowing detriment, direct discrimination, harassment, victimisation under the Equality Act 2010, and unlawful deduction of wages. The dispute included an outstanding payment of £225 for hotel accommodation that the respondent had agreed to contribute towards.

Decision

The tribunal found that the claimant was a worker under the Employment Rights Act 1996. Her claims for whistleblowing detriment and discrimination-related claims all failed. However, her claim for unlawful deduction of wages succeeded, and the respondent was ordered to pay £225 for the outstanding hotel accommodation contribution.

Practical note

Worker status can be established even where other claims fail, and employers must honour agreed payments for expenses such as accommodation to avoid unlawful deduction claims.

Award breakdown

Unpaid wages£225

Legal authorities cited

Statutes

ERA 1996 s.230Equality Act 2010

Case details

Case number
3304929/2022
Decision date
4 March 2025
Hearing type
full merits
Hearing days
2
Classification
contested

Respondent

Sector
education
Represented
Yes
Rep type
in house

Claimant representation

Represented
No