Claimant v Highfield Awarding Body for Compliance Ltd t/a Highfield Qualifications
Outcome
Individual claims
The claim for unfair dismissal succeeded, though no basic award was payable under s.122(4) ERA 1996. Only a compensatory award of £500 for loss of statutory rights was made, indicating limited financial loss.
The tribunal declared that the respondent indirectly discriminated against the claimant by reason of sex under s.19 read with s.39(2) EqA 2010. The tribunal awarded £22,000 for injury to feelings (including £2,000 aggravated damages) plus financial losses and interest, indicating substantial discriminatory conduct.
Facts
This was a remedy hearing following earlier liability findings that the claimant was unfairly dismissed and subjected to indirect sex discrimination by Highfield Awarding Body for Compliance Ltd. The claimant sought financial compensation for losses and injury to feelings, as well as ACAS uplift and various other remedies. The termination occurred around 1 June 2023.
Decision
The tribunal awarded the claimant total compensation of £27,824.77. For unfair dismissal, no basic award was payable under s.122(4) ERA 1996, with only £500 compensatory award for loss of statutory rights. For indirect sex discrimination, the tribunal awarded £22,000 for injury to feelings (including £2,000 aggravated damages), plus £3,193.48 for financial losses (earnings, pension, job-seeking expenses and interest). The tribunal refused ACAS uplift, Employment Act 2002 award, and the claimant's costs application.
Practical note
Even where unfair dismissal and discrimination claims both succeed, the tribunal will separately assess remedies: here, substantial injury to feelings damages reflected serious sex discrimination, while the unfair dismissal award was minimal due to s.122(4) exclusion of basic award.
Award breakdown
Vento band: middle
Legal authorities cited
Statutes
Case details
- Case number
- 1806586/2023
- Decision date
- 21 August 2024
- Hearing type
- remedy
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- education
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- Yes
- Rep type
- lay rep