Cases6018546/2024

Claimant v HHGL Limited (In Administration)

31 January 2025Before Employment Judge B BeyzadeLondon Centralon papers

Outcome

Partly successful

Individual claims

Direct Discrimination(sex)succeeded

The respondent stated that no part of the claim is contested. The Employment Judge determined under Rule 22 that the claim of sex discrimination including sexual harassment could properly be determined without a hearing, and the claim succeeded. Remedy to be determined at a later hearing.

Harassment(sex)succeeded

The claim included sexual harassment as part of the sex discrimination complaint. The respondent did not contest the claim, and the tribunal found in favour of the claimant under Rule 22 without requiring a full hearing. Remedy remains to be assessed.

Unfair Dismissalstruck out

The claim was struck out because the claimant did not have the required two years' continuous service under Section 108 of the Employment Rights Act 1996. The claimant had less than two years' service and failed to provide an acceptable reason why the complaint should not be struck out.

Facts

The claimant was employed by HHGL Limited for less than two years before the employment ended. She brought claims of sex discrimination including sexual harassment and unfair dismissal. The respondent, which is in administration, stated that no part of the sex discrimination claim was contested. The claimant filed her claim on 13 November 2024.

Decision

The tribunal determined under Rule 22 that the sex discrimination and sexual harassment claims succeeded without requiring a hearing, as they were uncontested by the respondent. The unfair dismissal claim was struck out under Rule 38 because the claimant had less than the required two years' service. A remedy hearing was scheduled for 31 March 2025.

Practical note

Where a respondent in administration does not contest discrimination claims, tribunals can determine liability under Rule 22 without a full hearing, but unfair dismissal claims still require the statutory two-year qualifying period regardless of whether other claims succeed.

Legal authorities cited

Statutes

Employment Rights Act 1996 s.108Employment Tribunal Procedure Rules 2024 Rule 22Employment Tribunal Procedure Rules 2024 Rule 38

Case details

Case number
6018546/2024
Decision date
31 January 2025
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Sector
other
Represented
No

Employment details

Service
2 years

Claimant representation

Represented
No