CHARITY worker Anela Anwar – who was awarded £75,000 by an employment tribunal but never received a penny – has lost her landmark legal case against the UK Government.
The UK Supreme Court has ruled against her petition for a judicial review against the Department for Business, Energy and Industrial Strategy. She had claimed that the UK Government had failed to properly implement two European Union equality directives.
Anwar brought proceedings in the employment tribunal against her former employer and former line manager for workplace and work-related harassment on the grounds of her sex, race and religion.
The charity cannot be named for legal reasons, but after the Employment Tribunal judged in her favour in 2016, Anwar sought to enforce the judgment.
Evidence to the Supreme Court stated: “The charity’s bank statements indicated that, as at August 1, 2016, it had more than £68,000 in its account.
“However, by October 7, 2016, that sum had fallen to around £4000. Ms Anwar believes that her former employer took steps to dispose of its funds to prevent Ms Anwar from receiving the sums due to her under the employment tribunal’s order. She has not yet received any of the sums due under the order, and has no reasonable expectation of ever doing so.”
The Supreme Court judgement issued yesterday said that Anwar had claimed that the UK Government had failed to “provide effective interim protection for successful workplace discrimination and harassment claims, in breach of EU law. She claims compensation for that failure”.
Supreme Court deputy president Lord Hodge issued the judgement. He wrote: “The Court rejects the contention that EU law requires claimants vindicating EU rights to be provided with a ‘one stop shop’, by which the tribunal determining the merits of the claim is also authorised to grant interim measures. The Court also rejects the argument that the courts’ jurisdiction to grant interim measures in support of employment tribunal proceedings must be expressly stated in legislation.”
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