Ms A Rdesinska v Best Sub Ltd: 1403343/2023
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The claim was issued in the Bristol Employment Tribunals on 6 May 2023. The Respondent has failed to present a valid response on time. The Employment Judge has decided that a determination can properly be made of the claim in accordance with rule 21 of the Rules of Procedure.[2]The Claimant’s claim for direct race discrimination is well founded. The Respondent discriminated against the Claimant on the ground of race, including by way of a discriminatory dismissal.[3]The Claimant’s claims for accrued but unpaid holiday pay, and for breach of contract relating to notice pay, are well founded.[4]The Respondent is ordered to pay the Claimant the sum of £23,871.79. There is a minor variation in the final total compared to the figure given in the hearing due to an error in the calculation. It is comprised of the following:(1) Past loss of earnings of £3,181.91;(2) Interest on past loss of earnings from 27 February 2023 until 2 November 2023 at 8%, totalling £173.65; Case Number: 1403343/2023(3) Compensation for injury to feelings of £15,000 + 25% uplift for a failure to comply with the ACAS code relating to disciplinary matters, totalling £18,750;(4) Interest on the award for injury to feelings from 1 January 2023 until 2 November 2023 at 8%, totalling £1,253.42;(5) Compensation for accrued but unpaid holiday leave totalling £247.38 (gross);(6) Compensation for breach of contract in respect of 1 week’s notice pay totalling £265.43 (gross).