Mr A Hussain Bhatti v Bestway Wholesale Ltd: 1402144/2020
JUDGMENT
[1]The claimant’s dismissal was fair.[2]The dismissal was not in breach of contract.[3]The complaint of discrimination on grounds of race is dismissed.[4]The complaint of discrimination on grounds of race is dismissed.[5]The complaint of automatically unfair dismissal for making a protected disclosure is dismissed.[6]There was no breach of Regulation 11 Working Time Regulations 1998 in relation to holiday pay.[7]The claimant was not entitled to a redundancy payment.[8]There was an unlawful deduction from wages in respect of the claimant’s pay while suspended in the sum of £20,095.31.[9]Applying the guidance in Walters t/a Rosewood v Barik UKEAT/0053/16/BA, the award for unlawful deduction from wages is a gross amount which the respondent can satisfy by payment to the claimant of the net amount due and payment to HMRC of any tax and national insurance which falls to be deducted at source. Page 1 of 2 Case Number: 1402144/2020