Mr S Mwangi v Aston Hall Hotel Ltd: 1803537/2019
JUDGMENT
[1]The claimant resigned as a consequence of a fundamental breach of contract of the respondent and was constructively dismissed. The dismissal was unfair.[2]The claimant was subject to harassment related to his race over a between December 2015 and May 2019 in respect of the colour of his hands and in October 2018 by analogy with an unpleasant fictional character.[3]The claimant was subjected to harassment on 5 April 2019 by the General Manager who told him ‘not to go there’ when he raised concerns that actions taken against him might be motivated by his race.[4]The harassment was conduct which extended over a period and is not out of time. Case No. 1803537/2019 V[5]The remaining claims of direct race discrimination and harassment are dismissed.[6]The respondent shall pay to the claimant compensation for the unfair dismissal in the sum of £3,421.53. This comprises a basic award of £1,421.53 (being a gross weekly pay of £473.85 x 3 years of continuous employment) and a compensatory award of £2,000 reflecting an agreed loss of earnings of £1,500 and loss of statutory rights of £500.[7]The respondent shall pay to the claimant the sum of £10,200 in compensation for the injury to his feelings for the harassment. The sum has been calculated at £10,000 and interest of 1333.33 (8% per annum, being £66.66 per x 20 months) with a reduction of 10% on to reflect the unreasonable failure of the claimant to comply with the ACAS Code of Practice on Discipline and Grievance Procedures 2015.[8]The recoupment provisions do not apply.