Mr D MacLaine Jones v Attivo Technology (UK) Ltd (in creditors’ voluntary liquidation): 1403773/2018
JUDGMENT
[1]The respondent is liable for unlawful discrimination against the claimant because of sexual orientation and is ordered to pay him the sum of £4,000.00 together with interest of £320.00.[2]The respondent is additionally ordered under section 207A of the Trade Union and Labour Relations Act 1992 to pay the claimant the sum of £600.00 for unreasonable failure to comply with a relevant ACAS Code of Practice.[3]The complaint of unfair constructive dismissal is dismissed on the ground that the claimant was not continuously employed for two years prior to the termination of his employment.[4]It is recorded that the claimant’s claim does not include a complaint of wrongful constructive dismissal (that is, a claim for damages for failure to give notice of termination).[5]The respondent made an unlawful deduction from the claimant’s final wages and is ordered to pay him £415.38, subject to such deductions as the respondent is required to make for tax and national insurance.[6]The respondent made a series of unlawful deductions from the claimant’s wages by paying them after the date on which they were properly payable. Under section 24(2) of the Employment Rights Act 1996 the respondent is ordered to pay the claimant £51.94 (net) as compensation for financial losses consequent on those deductions.[7]The respondent did not make any unlawful deduction from the claimant’s wages by failing to pay him an enhanced rate for lone working.[8]The tribunal has no jurisdiction to consider the claim for damages for personal injury caused by alleged breach of contract related to lone working.[9]The respondent did not make any unlawful deduction from the claimant’s wages by pressurising him to carry out work for no pay.