XY v BBQ Kebab House (South West) Ltd and Mr A Hussain: 1403761/2018

EMPLOYMENT TRIBUNALS

Case No 1403761/2018

Between

Mr Falcao, solicitor The Respondents : Mr Taylor, solicitorClaimant

BBQ Kebab House (South West) Ltd and Mr A HussainRespondent

Before

Employment Judge

Mr Falcao (instructed by solicitor) for claimant

Date 7 August 2019

JUDGMENT

[1]The Claimant is awarded and the Respondents are ordered to pay to the Claimant, on a joint and several basis, the sum of £11,000 by way of injury to feelings pursuant to section 124 (6) of the Equality Act 2010.

[2]The Claimant is further awarded and the Respondents are ordered to pay to the Claimant, on a joint and several basis, the agreed sum of £981.26 by way of interest pursuant to the Employment Tribunals (Interest on Awards in Discrimination Cases) Regulations 1996.

[3]The Claimant is therefore awarded and the Respondents are ordered to pay to the Claimant, on a joint and several basis, the total award of £11,981.26.

[4]By consent, the existing order dated 11 July 2019 made pursuant to Rule 50 of Schedule 1 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 will continue unless and until varied by the Tribunal by further order and the Claimant will accordingly continue to be known as XY. Case no: 1403761/2018 Employment Judge Goraj Date: 7 August 2019 As reasons for the Judgment were announced orally at the Hearing written reasons shall not be provided unless they are requested by a party within 14 days of the sending of this Judgment to the parties. Online publication of judgments and reasons The Employment Tribunal (ET) is required to maintain a register of all judgments and written reasons. The register must be accessible to the public. It has recently been moved online. All judgments and reasons since February 2017 are now available at: https://www.gov.uk/employment-tribunal-decisions The ET has no power to refuse to place a judgment or reasons on the online register, or to remove a judgment or reasons from the register once they have been placed there. If you consider that these documents should be anonymised in anyway prior to publication, you will need to apply to the ET for an order to that effect under Rule 50 of the ET’s Rules of Procedure. Such an application would need to be copied to all other parties for comment and it would be carefully scrutinised by a judge (where appropriate, with panel members) before deciding whether (and to what extent) anonymity should be granted to a party or a witness CERTIFICATE OF CORRECTION Employment Tribunals Rules of Procedure 2013 Under the provisions of Rule 69, the Reserved Judgment sent to the parties on 23 July 2019 is corrected as set out in the attached Judgment. Date 7 August 2019 Important note to parties: Any dates for the filing of appeals or reviews are not changed by this certificate of correction and corrected judgment. These time limits still run from the date of the original judgment, or original judgment with reasons, when appealing. EMPLOYMENT TRIBUNALS Claimant XY Respondent BBQ Kebab House (South West) Limited(1) Mr A Hussain

(2) Heard at: Exeter On: 11 &12 July 2019 Before: Members Mrs S Richards Mr I Ley Representation Claimant: Mr Falcao, solicitor The Respondents: Mr Taylor, solicitor

[1]The First Respondent accepts that it has made unlawful deductions in respect of the Claimant’s accrued holiday pay in breach of section 13 of the Employment Rights Act 1996 and, by consent, is ordered to pay to the Claimant £30 gross in respect of such monies.

[2]The First Respondent accepts that it failed to issue the Claimant with a statement of terms and conditions of employment as required by the Employment Rights Act 1996 and, by consent, is ordered to pay to the Claimant the sum of £120 gross pursuant to section 38 of the Employment Act 2002 in respect of such failure.

[3]The Claimant was dismissed by the First Respondent in breach of contract without notice and is therefore entitled to damages in respect of the Claimant’s entitlement to one week’s notice.

[4]The Claimant was unlawfully discriminated against by the First and Second Respondents in breach of sections 11, 26 (harassment), 27 (victimisation) and 39 of the Equality Act 2010. As reasons for the Judgment were announced orally at the Hearing written reasons shall not be provided unless they are requested by a party within 14 days of the sending of this Judgment to the parties. Online publication of judgments and reasons The Employment Tribunal (ET) is required to maintain a register of all judgments and written reasons. The register must be accessible to the public. It has recently been moved online. All judgments and reasons since February 2017 are now available at: https://www.gov.uk/employment-tribunal-decisions The ET has no power to refuse to place a judgment or reasons on the online register, or to remove a judgment or reasons from the register once they have been placed there. If you consider that these documents should be anonymised in anyway prior to publication, you will need to apply to the ET for an order to that effect under Rule 50 of the ET’s Rules of Procedure. Such an application would need to be copied to all other parties for comment and it would be carefully scrutinised by a judge (where appropriate, with panel members) before deciding whether (and to what extent) anonymity should be granted to a party or a witness