Miss C Linton v Mr R Chopra T/a Bilston Radio Cars: 1300618/2019
JUDGMENT
[1]The respondent’s correct title is as set out herein.[2]The respondent’s application to take part in the proceedings is granted.[3]The respondent’s application to strike out the claim for non-compliance with case management orders is dismissed.[4]The claimant was not self-employed. The claimant was a worker.[5]The Employment Tribunal has no jurisdiction to hear the claims of unfair dismissal and breach of contract (notice pay) because the claimant was not an employee. Those claims are dismissed.[6]The claim for unauthorised deductions from wages is dismissed.[7]The claimant’s claim for harassment related to race succeeds for the period 17 April 2017 to 24 November 2018. This was a continuing course of conduct and is in time. Case No: 1300618/2019[8]The claimant’s claim for holiday pay under the Working Time Regulations succeeds. She is entitled to 5.6 weeks per year for the holiday years 2017 and 2018 at 16 hours per week at the applicable rate of the National Minimum Wage.[9]This Employment Tribunal will reconvene to determine remedy on 13 May 2020. A directions order has been issued separately in respect of that hearing. Signed by[1]The respondent is ordered to pay the sum of £5000.00 to the claimant as compensation for injury to feelings plus interest at 8% for the period 26 November 2018 to 25 June 2020 (668 days) of £732.05. The total sum payable is £5732.05.[2]The respondent is ordered to pay the claimant the sum of £14,524.80 as compensation for wages lost as a result of disability-related harassment plus interest at 8% from the mid-point of the above period (334 days) of £1063.29. The total sum payable is £15588.09. The Recoupment Regulations apply because the claimant was in receipt of Universal Credit. The prescribed element is £14,524.80. The prescribed period is 26 November 2018 to 16 December 2019. The monetary award exceeds the prescribed element by £1063.29. The claimant did not fail to mitigate her loss.[3]The respondent is ordered to pay the claimant the sum of £1373.57 in respect of holiday pay plus financial losses of £610.00 in respect of interest on a Case No: 1300618/2019 loan incurred by the claimant as a result of the respondent’s failure to pay her holiday pay.[4]The total award is £23,303.71 of which £14,524.80 is subject to recoupment. Signed by