3314735/2019Partial success on liability

Brett and Mr K Brett v Khi-Ro Ltd

11 February 2021·Employment Tribunal·England & Wales·Employment Judge Ord

Respondent

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Decision date

11 February 2021

Tribunal

Employment Tribunal

Jurisdiction

England & Wales

Judge

Employment Judge Ord

No final compensation award yet

The judgment records agreed sums already owed and percentage adjustments for unfair dismissal, but it does not set out the final unfair-dismissal compensation figure.

Any figure in the judgment may reflect agreed pay, holiday pay, wages or expenses rather than the final compensation award.

Case Summary

The first claimant was unfairly dismissed, automatically unfairly dismissed, and dismissed in breach of contract. The first claimant also suffered unlawful deductions from wages and was not paid outstanding holiday pay. The second claimant was unfairly dismissed and dismissed in breach of contract, and also suffered unlawful deductions from wages and was not paid outstanding holiday pay. Both claimants were victims of direct discrimination on the protected characteristic of gender reassignment and harassment.

Why this outcome?

One claim dismissed on the merits

The tribunal found the claimants were unfairly dismissed, automatically unfairly dismissed (in the case of the first claimant for making protected disclosures), dismissed in breach of contract, subjected to unlawful wage deductions, denied holiday pay, and victims of direct discrimination and harassment based on gender reassignment. The respondent did not pursue time-limit objections and the tribunal extended time where necessary.