Miss B Pun v Sodexo Ltd: 1403672/2021
[1]The Claimant was constructively and unfairly dismissed[2]The Respondent directly discriminated against the Claimant on grounds of race, contrary to section 13 of the Equality Act 2010, in that the respondent failed to take steps to address concerns raised by the claimant in the grievance process.[3]All other claims of discrimination on grounds of race contrary to section 13 of the Equality Act 2010 are dismissed[4]The Claimant’s claims that she was victimised by the Respondent for having done protected acts, contrary to section 27 of the Equality Act 2010 are each dismissed. Remedy[5]A one-day hearing will now be listed to address remedy and a separate notice of hearing will be sent to the parties. Case Number: 1403672/2021 2 Employment Judge Rayner Dated: 12 July 2023 Sent to the parties on 28 July 2023 For the Tribunal Office Case Number: 1403672/2021 10.2 Judgment - rule 61 February 2018 EMPLOYMENT TRIBUNALS Claimant: Ms Bishnu Pun Respondent: Sodexo Limited Heard at: Southampton On: 24 August 2023 Before: Employment Judge Rayner Mr J Shah Mr N Knight Representation Claimant: In person Respondent: Mr Zahman, Counsel JUDGMENT on Remedy The Claimant is awarded the sum of £16588.21 (sixteen thousand five hundred and eighty eight pounds and twenty one pence) in respect of her successful claims of Constructive unfair dismissal and Race discrimination calculated as follows:[1]The Claimant is entitled to a Basic award of £1069.20.[2]The Claimant is awarded £500.00 for loss of statutory rights.[3]The Claimant suffered loss of earnings of £262.70 which she is awarded in full.[4]The Claimant is awarded £11,000.00 in respect for injury to feeling for race discrimination.[5]The Respondent failed to comply with the ACAS code of practice in respect of the grievance hearing and an uplift of 10% is awarded in respect of the loss of earnings and injury to feeling, which arise from the race discrimination.[6]The Claimant is awarded interest on loss of earnings and on the injury to feeling award at 8% pa.[7]The final amounts payable to the Claimant by the Respondent are as Case Number: 1403672/2021 10.2 Judgment - rule 61 February 2018 follows; Basic award £1069.20 Loss of statutory rights £ 500.00 Loss of earnings £262.70 P 10% uplift for failing to comply with ACAS £26.27 Interest at 8% from mid point £31.03 Total loss of earnings £320.00 Injury to feeling £11,000.00 10% uplift ACAS failure £ 1,100.00 Interest on award £ 2,599.01 Total injury to feeling award £14,699.01 Total award payable to the claimant £16,695.13[8]The Respondent’s application for costs is dismissed. Employment Judge Rayner Date: 24 August 2023 Judgment sent to the Parties: 08 September 2023 FOR THE TRIBUNAL OFFICE Notes Reasons for the judgment having been given orally at the hearing, written reasons will not be provided unless a request was made by either party at the hearing or a written request is presented by either party within 14 days of the sending of this written record of the decision. Public access to employment tribunal decisions Judgments and reasons for the judgments are published, in full, online at www.gov.uk/employment-tribunal-decisions shortly after a copy has been sent to the claimant(s) and respondent(s) in a case.