Mr L Zawierucha v Midland Stairs and Joinery Ltd (in voluntary liquidation): 1300434/2019
JUDGMENT
[1]The claimant’s complaint of race discrimination (harassment) in respect of an incident on 2 January 2019 is well founded and succeeds. The respondent must pay compensation to the claimant of £3,500 (for injury to feelings) and £240.11 interest on this sum.[2]The claimant’s complaint of unfair dismissal is well founded and succeeds. The respondent is ordered to pay to the claimant the sum of £1016 as a basic award and £500 in respect of loss of statutory rights.[3]The claimant’s complaint of unlawful deduction of wages relating to 6 weeks unpaid wages between 16 November 2018 and 2 January 2019 is well founded and succeeds. The respondent is ordered to pay to the claimant the sum of £5321.16.[4]The claimant’s complaint of accrued holiday pay is well founded and succeeds. The respondent is ordered to pay to the claimant the sum of £1064.23 in respect of 6 days accrued but untaken holiday.[5]This sums payable under paragraphs 3 and 4 above are the gross amount to be paid and the claimant is to be responsible for any income tax and National Insurance Contributions thereon. Case No: 1300434/2019[6]The claimant’s complaint of breach of contract is well founded and succeeds. The claimant was entitled to one week’s notice of termination of employment. The respondent is ordered to pay the claimant the net sum of £665.74.[7]The respondent failed to comply with section 1 of the Employment Rights Act 1996 (“ERA”). The respondent is ordered to pay to the claimant the sum of £2032 which amounts to 4 week’s pay pursuant to section 38 of the Employment Act 2002.[8]The Tribunal made a finding of fact that the respondent failed to pay the claimant’s contributions to the National Employment Savings Trust (NEST) from 16 February 2018 until 2 January 2019. However the Tribunal does not have jurisdiction to determine this complaint as these contributions do not amount to “wages” as defined by section 27(1) and(2) of the ERA. Signed by: