Mr Z Khokhar v Mr W Mohammed T/a Daily Fresh Dairies: 1300535/2021
EMPLOYMENT TRIBUNALS
Case No 1300535/2021
Between
Mr Z KhokharClaimantMr W Mohammed T/a Daily Fresh DairiesRespondent
Before
Employment Judge LloydIn person for claimantNot represented for respondentIn person for respondentDate 21 July 2021
JUDGMENT
[1]No response has been presented and there has been no attendance or appearance by the respondent.[2]On the basis of the evidence and information placed before me, I enter a default judgment pursuant to rule 21 of the tribunal rules in relation to the claimant’s claim of direct discrimination and harassment because of the protected characteristic of sexual orientation; under s.13 and s.26 Equality Act 2010 (“EqA”). The claimant has proven his claims under those provisions.[3]The principles of the judgment of English v Thomas Sanderson Blinds [2008] EWCA Civ 1421 CA apply.[4]The claimant’s claims of sex discrimination under s.13 and s.26 EqA and of unpaid wages are withdrawn. The claimant’s claim of unfair dismissal has been dismissed by the tribunal. Case Number: 1300535/2021[5]The claimant is entitled to recover compensation. I list a remedy hearing for Thursday 2 September 2021 at 10.00am by CVP. The hearing will be before an Employment Judge sitting alone. The respondent is entitled to notice of the hearing and the tribunal’s decision but will only be allowed to participate in any further hearing to the extent permitted by the Employment Judge, pursuant to rule 21(3). Direction: Schedule of Loss[6]The claimant shall produce to the tribunal and to the respondent a schedule of loss by Friday 27 August 2021. If the claimant seeks compensation for injury to feelings the schedule shall quantify the compensation by reference to the band of awards, in Vento v West Yorkshire Police [2003] IRLR 102 CA as subsequently amended: most recently on 6 April 2020 and 6 April 2021. The claimant shall quantify all alleged loss of earnings (if any) and account for all other earnings and statutory benefits received by him.[1]Upon hearing the Respondent’s application for re-consideration of the default judgment entered on 20 July 2021, I set aside that judgment with immediate effect.[2]I have listened to both parties on all claims advanced by the claimant and to the respondent’s responses and disputation of the matters set out by the claimant in his claims.[3]The parties have come to an agreement and I make a consent judgment in the following terms which takes effect immediately.[4]BY CONSENT the respondent shall pay to the claimant today, or in any event within 7 days of today, the sum of £350.00 in full and final settlement of all claims brought by the claimant including all wages and monetary claims.[5]The claimant’s claims are dismissed forthwith on those terms.