Claimant v White Lake Cheeses Ltd
Outcome
Individual claims
The tribunal found in favour of the claimant on automatic unfair dismissal at the liability hearing dated 20 September 2023. The claim succeeded with a basic award of £440.
The tribunal found discrimination under the Equality Act 2010 at the liability hearing. The claim included discrimination in dismissal and detriment, resulting in financial losses and injury to feelings awards.
The tribunal found victimisation under the Equality Act 2010 at the liability hearing. This contributed to the overall discrimination award including injury to feelings.
The tribunal found detriment under section 47C of the Employment Rights Act 1996 at the liability hearing. This appears to relate to protected disclosure detriment given the statutory reference.
Facts
Storm Botha was employed by White Lake Cheeses Ltd, a cheese manufacturer, until their dismissal on 9 January 2022. The claimant brought claims of automatic unfair dismissal, discrimination, victimisation and detriment under section 47C ERA 1996. A liability hearing was held on 20 September 2023 which found in favour of the claimant on all claims.
Decision
At the remedy hearing on 24 April 2024, the tribunal awarded £440 for automatic unfair dismissal and £19,266.93 for discrimination-related claims. The discrimination award included £9,000 injury to feelings, £4,917.74 financial losses, a 25% ACAS Code uplift of £3,479.44, and £1,869.75 interest.
Practical note
Unrepresented claimants can successfully prosecute discrimination and whistleblowing claims; employers who breach ACAS procedures face significant uplift penalties on top of substantive awards.
Award breakdown
Vento band: lower
Adjustments
Breach of the ACAS Code resulted in 25% uplift applied to discrimination award
Legal authorities cited
Statutes
Case details
- Case number
- 1400461/2022
- Decision date
- 24 July 2024
- Hearing type
- remedy
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- manufacturing
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No