Sex discrimination win after covert recording and late disclosure
An account manager was summarily dismissed and the employer covertly recorded the meeting. The tribunal struck out the employer's response and awarded £69,705.50.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was summarily dismissed on 8 July 2019 by the managing director.
- The respondent admitted the dismissal but denied sex discrimination.
- The respondent failed to disclose a covert recording of the dismissal meeting until cross-examination of its witness.
- The respondent provided piecemeal and late disclosure of documents during the hearing.
- The tribunal struck out the respondent's response for unreasonable conduct and breach of orders.
- The claimant succeeded in her sex discrimination claim and was awarded £69,705.50 including ACAS uplift and aggravated damages.
Timeline
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Claimant started employment
Claimant began working for UK Carline Limited as an account manager.
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Miscarriage and grandfather's death
Claimant suffered a miscarriage and her grandfather died, leading to counselling from the managing director's wife.
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Summary dismissal
Claimant was dismissed by Darren Godbert in a meeting that was covertly recorded.
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Claim presented
Claimant presented a claim of sex discrimination to the employment tribunal.
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Late disclosure of notes
Respondent disclosed notes of the dismissal meeting for the first time, 12 days before the final hearing.
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Final hearing begins
The substantive hearing commenced before a full tribunal.
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Covert recording revealed
During cross-examination, Mr Godbert admitted he had covertly recorded part of the dismissal meeting.
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Strike-out application heard
Tribunal heard the claimant's application to strike out the response.
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Strike-out judgment
Tribunal struck out the respondent's response for unreasonable conduct and breach of orders.
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Liability judgment
Tribunal found that the claimant had been discriminated against on grounds of sex.
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Remedy hearing
Remedy hearing took place to assess compensation.
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Remedy judgment
Tribunal awarded £69,705.50 including ACAS uplift and aggravated damages.
The legal issue
The tribunal had to decide whether the account manager's summary dismissal was an act of sex discrimination, and if so, what compensation should be awarded.
The outcome
The tribunal struck out the employer's response due to unreasonable conduct and breach of orders, and found that the dismissal was an act of sex discrimination.
Compensation awarded:
- Total: £69,705.50, including an ACAS uplift and aggravated damages.
Lessons & takeaways
- Employers must disclose all relevant documents promptly; late or piecemeal disclosure can lead to a strike-out of their case.
- Covertly recording a dismissal meeting without the employee's knowledge can severely damage the employer's credibility.
- A failure to follow fair procedures, especially when an employee is vulnerable, can lead to a finding of discrimination.
- The ACAS Code of Practice on Disciplinary and Grievance Procedures applies; unreasonable failure to follow it can result in a 25% uplift on compensation.
This case shows how an employer's conduct during proceedings can be as damaging as the original dismissal. The account manager was summarily dismissed by the managing director after suffering a miscarriage and bereavement. The employer claimed it was for poor performance and misconduct, but the tribunal found it was sex discrimination.
What went wrong for the employer
The employer failed to disclose a covert recording of the dismissal meeting until cross-examination of its witness. It also provided piecemeal and late disclosure of documents, including notes of the meeting disclosed only 12 days before the hearing. The tribunal struck out the employer's response for unreasonable conduct and breach of orders, leaving the employer unable to defend the claim.
Why the result matters
The case highlights the importance of fair procedures and full disclosure. Employers who treat employees unfairly, especially in vulnerable circumstances, risk not only losing the claim but also facing higher compensation due to ACAS uplift and aggravated damages. For employees, it shows that even if an employer tries to hide evidence, tribunals can take strong action to ensure justice.
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