Mr B O’Hara v Whitbread Group plc: 1601233/2017
JUDGMENT
[1]The respondent made unauthorised deductions from the claimant’s wages in respect of his share of the Summer Scheme 2017 bonus.[2]The claimant’s claim that the respondent made unauthorised deductions from his wages in respect of a share of tips in his last week of employment is withdrawn and therefore dismissed.[3]The claimant’s claim that the respondent made unauthorised deductions from his wages being a pay-rise that he claimed was due to him to reflect his qualification as a Barista Maestro fails and is dismissed. 4.The claimant resigned from his employment on 31st August 2017. He was not dismissed. His claim of unfair constructive dismissal fails and is dismissed.[5]The respondent did not discriminate against the claimant by treating him less favourably than any actual or hypothetical comparator because of the protected characteristic of sex; his claim of sex discrimination fails and is dismissed. Case No.1601233/2017[6]The respondent did not indirectly discriminate against the claimant in relation to the disability of his son; his claim of associative indirect disability discrimination fails and is dismissed.[7]The claimant’s claim of race discrimination is dismissed on withdrawal by the claimant.