Mr Pravine Simadree v Palm Tree Torquay Ltd: 1403441/2018

EMPLOYMENT TRIBUNALS
Case No 1403441/2018Venue CHAMBERS AT PlymouthHearing 8 November 2018 THE TIME FOR PRESENTING A RESPONSE HAVING EXPIRED AND NO VALID RESPONSE HAVING BEEN PRESENTED JUDGMENT UNDER RULE 21 1. The claimant does not have sufficient continuity of service to qualify for unfair dismissal and his unfair dismissal claim is hereby dismissed; and 2. The claimant’s claim for entitlement to a statutory redundancy payment is hereby dismissed on withdrawal by the claimant; and 3. The claimant was discriminated against on the grounds of his race; and 4. The claimant’s claim for breach of contract succeeds in respect of his notice pay and the respondent is ordered to pay the claimant in the net sum of £3,360.00; and 5. The claimant’s claim for unlawful deduction from wages succeeds and the respondent is ordered to pay the claimant the gross sum of £6,010.00; and 6. The claimant’s claim for accrued but unpaid holiday pay succeeds and the respondent is ordered to pay the claimant the gross sum of £1,680.00; and 7. The hearing listed by telephone on 27 February 2019 is hereby cancelled, and the appropriate remedy for the race discrimination claim will be determined at a hearing notice of which will be sent to the parties in due course. ________________________
Between
Mr Pravine SimadreeClaimantPalm Tree Torquay LtdRespondent
Before
Employment Judge N J RoperDate 12 April 2019

JUDGMENT

[1]The claimant does not have sufficient continuity of service to qualify for unfair dismissal and his unfair dismissal claim is hereby dismissed; and[2]The claimant’s claim for entitlement to a statutory redundancy payment is hereby dismissed on withdrawal by the claimant; and[3]The claimant was discriminated against on the grounds of his race; and[4]The claimant’s claim for breach of contract succeeds in respect of his notice pay and the respondent is ordered to pay the claimant in the net sum of £3,360.00; and[5]The claimant’s claim for unlawful deduction from wages succeeds and the respondent is ordered to pay the claimant the gross sum of £6,010.00; and[6]The claimant’s claim for accrued but unpaid holiday pay succeeds and the respondent is ordered to pay the claimant the gross sum of £1,680.00; and[7]The hearing listed by telephone on 27 February 2019 is hereby cancelled, and the appropriate remedy for the race discrimination claim will be determined at a hearing notice of which will be sent to the parties in due course. ________________________ Employment Judge N J Roper Dated 8 November 2018 Case No: 1403441/2018 6.8 Judgment on Withdrawal rule 52 EMPLOYMENT TRIBUNALS Claimant: Mr P Simadree Respondent: Palm Tree Torquay Limited