Ms S Dieme v Holland and Barrett Retail Ltd: 1304221/2020
JUDGMENT
[1]The Claimant’s claims for direct race discrimination are not upheld.[2]The Claimant’s claims for unauthorised deductions from wages are not upheld.[3]The Claimant’s claim for wrongful dismissal is upheld.[4]The Claimant’s claim for unfair dismissal is upheld. No award has been yet been made in respect of damages save for the following relevant findings.(i) It is just and equitable to reduce relevant damages by 80% because of the Claimant’s blameworthy or culpable conduct before the dismissal, pursuant to ERA sections 122(2); and section 123(6)(ii) No reduction should be made to any compensatory award to reflect the possibility that the claimant would still have been dismissed had a fair and reasonable procedure been followed / have been dismissed in time anyway? (Polkey v AE Dayton Services Ltd [1987]) A remedy hearing shall be listed shortly. Case No:1304221/2020 REMEDY JUDGMENT Judgment[1]The Claimant is awarded £958.48 in respect of her wrongful dismissal claim.[2]The Claimant is awarded £2,505.55 as compensation for her unfair dismissal claim. Total payable to the Claimant by the Respondent £3,464.03 REMEDY JUDGMENT (Corrected) Judgment[1]The Claimant is awarded £958.48 in respect of her wrongful dismissal claim.[2]The Claimant is awarded £2,221.68 as compensation for her unfair dismissal claim. Total payable to the Claimant by the Respondent £3,407.26