Mrs F Saeed v Topaz Ltd: 2301649/2024
JUDGMENT
[1]The complaint of automatic unfair dismissal is not well-founded and is dismissed.[2]The complaints of direct race discrimination are not well-founded and are dismissed.[3]The complaints of harassment related to race are not well-founded and are dismissed.[4]The complaints of harassment related to sex are not well-founded and are dismissed.[5]The complaint of breach of contract in respect of a bonus is not wellfounded and is dismissed.[6]The complaint of unlawful deductions from wages succeeds.a. It is declared that the respondent made unlawful deductions(i) of £44.44 per month in the period April to November 2023 relating to an advance of salary, and(ii) in respect of the claimant’s hourly rate of pay throughout the period April to December 2023.b. No financial award is made in respect of (i) above. In respect of (ii), the respondent shall pay to the claimant the gross sum of £87.14. Case No: 2301649/2024c. By consent, the respondent shall pay to the claimant the sum of £199.00 in respect of a certificate of sponsorship fee wrongly recovered from the claimant.[7]When the proceedings were begun the respondent was in breach of its duty to provide the claimant with a written statement containing particulars of the changes made to the claimant’s employment terms with effect from 5 April 2023. There are no exceptional circumstances that make an award of an amount equal to two weeks’ gross pay unjust or inequitable. It is not just and equitable to make an award of an amount equal to four weeks’ gross pay. In accordance with section 38 Employment Act 2002 the respondent shall therefore pay the claimant £982.80.[8]The respondent shall therefore pay the claimant the total sum of £1,268.94. Approved by: