Claimant v On Dot Media Ltd
Outcome
Individual claims
The tribunal found that the claimant was subjected to sexual harassment and awarded £7,500 in injury to feelings compensation, indicating the respondent's conduct amounted to unwanted conduct of a sexual nature that violated the claimant's dignity.
The tribunal found that the respondent had failed to pay the claimant accrued but unpaid holiday pay and awarded £6,310.32 subject to appropriate tax deductions.
The tribunal dismissed the disability discrimination claim, finding that the claimant did not establish facts from which it could be concluded that the respondent had discriminated against him on grounds of disability.
The tribunal dismissed the race discrimination claim, finding that the claimant did not establish facts from which it could be concluded that the respondent had discriminated against him because of his race.
The tribunal dismissed the sexual orientation discrimination claim, finding that the claimant did not establish facts from which it could be concluded that the respondent had discriminated against him on grounds of sexual orientation.
Facts
Kevin Jourdia brought claims against his former employer On Dot Media Ltd alleging sexual harassment, disability discrimination, race discrimination, sexual orientation discrimination, and unpaid holiday pay. The case was heard remotely by video with the claimant representing himself and the respondent represented by a legal representative.
Decision
The tribunal upheld the sexual harassment and holiday pay claims, awarding £7,500 for injury to feelings and £6,310.32 in unpaid holiday pay. However, all three discrimination claims (disability, race, and sexual orientation) were dismissed as the claimant failed to establish a prima facie case.
Practical note
A claimant can succeed on harassment claims while failing on related discrimination claims, and self-represented claimants can achieve partial success even against legally represented employers in discrimination cases.
Award breakdown
Vento band: lower
Legal authorities cited
Statutes
Case details
- Case number
- 2307103/2023
- Decision date
- 14 January 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- On Dot Media Ltd
- Sector
- media
- Represented
- Yes
- Rep type
- lay rep
Claimant representation
- Represented
- No