Claimant v Marc Bandemer
Outcome
Individual claims
The tribunal found there was a period of harassment when the claimant asked Mr Bandemer to stop making unwanted advances and he did not respect her request. The harassment included the claimant being pulled onto the respondent's knee on 17 July 2021. The claimant was demoted when she resisted the respondent's advances, which was an aggravating feature causing particular injury to feelings.
The tribunal found the claimant was entitled to employee pension contributions of £331.25 per month for 13 months which were deducted but not paid into a pension fund. The tribunal also found (on reconsideration) that the claimant was promoted to Strategic Development Director from 3 February 2022 and was entitled to be paid at the higher contractual rate of £11,550 per month, but was only paid £6,625 per month until termination on 23 June 2022.
The tribunal found the claimant was entitled to three months' notice pay which was not paid. The contractual notice period was 13 weeks at a gross weekly rate of £2,665.38.
The tribunal found the claimant was entitled to 16 days' outstanding holiday pay at the gross daily rate applicable to her promoted role of £533.08 per day, which had not been paid on termination.
Facts
The claimant worked for the respondent and was promoted to Strategic Development Director in February 2022. She suffered sexual harassment including being pulled onto the respondent's knee in July 2021. When she resisted his advances, she was demoted. The respondent failed to pay her at the promoted salary rate, deducted pension contributions without paying them into a fund, and failed to pay notice or accrued holiday pay on termination on 23 June 2022. The respondent also failed to provide written particulars of the changed terms on promotion.
Decision
This was a remedy hearing following a liability judgment dated 1 September 2023. The tribunal reconsidered its earlier judgment to address a claim for unpaid wages following promotion that had not been fully determined. The tribunal awarded £20,000 for injury to feelings (middle Vento band), plus interest. It awarded arrears of wages totalling £22,958.31 for underpayment following promotion, £4,306.25 for unpaid employee pension contributions, £34,649.94 notice pay, £8,529.28 holiday pay, and £5,330.76 under s38 Employment Act 2002 for failure to provide written particulars. Total awards: £95,774.54.
Practical note
Tribunals can reconsider their own judgments where a substantive issue in the list of issues was not determined, particularly at the remedy stage before final conclusion of proceedings, though the principle of finality of litigation means reconsideration should be exercised cautiously.
Award breakdown
Vento band: middle
Award equivalent: 40.1 weeks' gross pay
Legal authorities cited
Statutes
Case details
- Case number
- 1402246/2022
- Decision date
- 22 January 2024
- Hearing type
- remedy
- Hearing days
- 2
- Classification
- contested
Respondent
- Name
- Marc Bandemer
- Sector
- financial services
- Represented
- Yes
- Rep type
- lay rep
Employment details
- Role
- Strategic Development Director
- Salary band
- £100,000+
Claimant representation
- Represented
- Yes
- Rep type
- barrister