Ms A White v Gymophobics (Beverley) Ltd: 1801676/2023
JUDGMENT
[1]The following complaints of direct age discrimination are well-founded and succeed: a. That Ms Webster made discriminatory comments in the meeting on 3 October 2022.[2]The remaining complaints of direct age discrimination are not well-founded and are dismissed.[3]The complaint of harassment related to age is not well-founded and is dismissed.[4]The following complaint of unauthorised deductions from wages is wellfounded. a. The respondent made an unauthorised deduction from the claimant's wages in the period 23 May 2022 – 28 October 2022 in that the claimant was paid less than the national minimum wage. This relates particularly to morning shifts she worked that were recorded as being for 6 hours or more.[5]The complaints of unauthorised deductions from wages for non-payment of wages for attendance at training in May 2022 and deductions from the claimant’s final pay are dismissed on withdrawal. Case number: 1801676/2023[6]The remaining complaints of unauthorised deductions from wages are not well founded and are dismissed.[7]The complaint that the respondent refused to permit the claimant to exercise her right to a weekly rest period under regulation 11 Working Time Regulations 1998 is not well founded and is dismissed[8]The complaint that the respondent refused to permit the claimant to exercise her right to a rest break under regulation 12 Working Time Regulations 1998 is well founded and succeeds.[9]When the proceedings were begun the respondent was in breach of its duty to provide the claimant with a written statement of employment particulars.[10]The claimant’s email of 17 September 2022 was a grievance for the purposes of the Acas Code of practice on Disciplinary and Grievance Procedures.[11]The parties having reached agreement, there will be no further hearing to determine remedy.