Cases6000532/2023

Claimant v Costain Engineering & Construction Limited

26 February 2025Before Employment Judge GraySouthamptonremote video

Outcome

Partly successful£5,874

Individual claims

Harassment(sex)succeeded

The tribunal found harassment related to sex occurred on 21 December 2022. Time was extended on just and equitable grounds to allow this out of time complaint to proceed.

Direct Discrimination(sex)failed

The tribunal found the complaint of sex discrimination about the conclusion on 9 February 2023 and in the grievance did not succeed on the evidence and was dismissed.

Harassment(sex)failed

The tribunal found the complaint of harassment related to sex about the conclusion on 9 February 2023 and in the grievance did not succeed on the evidence and was dismissed.

Harassmentfailed

The tribunal found the complaint of harassment related to conduct of a sexual nature on 21 December 2022 did not succeed and was dismissed.

Facts

The claimant, Miss Begum, brought claims of sex discrimination and harassment against her former employer Costain Engineering & Construction Limited. The key incident occurred on 21 December 2022, with further allegations concerning events on 9 February 2023 and related grievance matters. The claimant represented herself throughout the three-day hearing before a full tribunal panel.

Decision

The tribunal found in favour of the claimant on one harassment claim relating to sex discrimination on 21 December 2022, extending time on just and equitable grounds. All other claims including sex discrimination and harassment related to events on 9 February 2023 and in the grievance process failed. The tribunal awarded £5,000 for injury to feelings plus interest of £874.40.

Practical note

Even where most claims fail, tribunals may extend time on just and equitable grounds for discrete acts of harassment if there is good reason, and a self-represented claimant can succeed on at least part of their discrimination claim.

Award breakdown

Injury to feelings£5,000
Interest£874

Case details

Case number
6000532/2023
Decision date
26 February 2025
Hearing type
full merits
Hearing days
3
Classification
contested

Respondent

Sector
construction
Represented
Yes
Rep type
barrister

Claimant representation

Represented
No