Ms Nawaz v Fenco Ltd T/a Homesafe Housing: 1305483/2020

EMPLOYMENT TRIBUNALS

Case No 1305483/2020

Venue Midlands West

Hearing 23 – 25 August 17 October 2023

Between

Ms NawazClaimant

Fenco Ltd T/a Homesafe HousingRespondent

Before

Employment Judge Harding

Mr Fakunle (instructed by Solicitor) for respondent

Date 17 November 2023

JUDGMENT

[1]The claimant’s claim of detriment on the grounds of having made a public interest disclosure contrary to section 48 of the Employment Rights Act 1996 fails and is dismissed.

[2]The claimant’s claim of automatically unfair dismissal on the grounds of having made a public interest disclosure contrary to section 103A of the Employment Rights Act 1996 succeeds. Note: written reasons will not be provided unless requested at the Hearing itself or in writing within 14 days of the sending of the written record of the decision, Rule 62(3). Case Number: 1305483/2020

[3]The claimant’s claim of direct discrimination because of religion contrary to sections 13 and 39 of the Equality Act 2010 fails and is dismissed.

[4]The claimant’s claims of direct discrimination because of sex contrary to sections 13 and 39 of the Equality Act 2010 is out of time. It is not just and equitable to extend the time limit. The claims are therefore dismissed.

[5]The claimant’s claim of an unauthorised deduction from her wages is well founded in relation to underpayments of salary for the period September – December 2019.

[6]The claimant’s claim in respect of holiday pay is well founded. The respondent failed to pay the claimant on termination of employment in respect of 11.7 days accrued but untaken leave.

[7]The claimant’s claim for breach of contract is well founded. The respondent was in breach of contract in failing to pay the claimant an agreed sum of £1,00 for mileage and £244 for damage to the claimant’s wing mirror whilst at work. The remainder of the claimant’s breach of contract claim (£7,000 for out of hours/on call work and £56 for mobile phone rental charges) fails and is dismissed. There will be remedy hearing on 17 November 2023.

[1]In respect of the successful claim of automatically unfair dismissal contrary to Section 103A of the Employment Rights Act 1996, the respondent shall pay to the claimant compensation in the sum of £1,708.43 (see attached annex).

[2]In respect of the successful claim of an unlawful deduction from wages the respondent shall pay to the claimant unpaid wages in the sum of £586.56 (gross figure), see attached annex. Note: written reasons will not be provided unless requested at the Hearing itself or in writing within 14 days of the sending of the written record of the decision, Rule 62(3). Case Number: 1305483.20

[3]In respect of the successful claim of a failure to pay the claimant holiday pay in accordance with Regulation 14 of the Working Time Regulations, the respondent shall pay to the claimant the sum of £1,080.02 (gross figure), see attached annex.

[4]In respect of the successful breach of contract claim the respondent shall pay to the claimant damages in the sum of £1,244.00, see attached annex. The Recoupment Regulations do not apply.