Ms M Zembrzuska and others v Prime Hotels Ltd: 2304082/2017 and others
JUDGMENT
The unanimous Judgment of the Tribunal is that:(i) Ms Zembrzuska and Ms Grzywacz’s claims of race discrimination are not well founded and are dismissed.(ii) Ms Zembrzuska and Mr Pasternakiewicz’s claims of victimisation are not well founded and are dismissed.(iii) Mr Pasternakiewicz was not dismissed and his claim for notice pay fails.(iv) Mr Pasternakiewicz’s claim for wages has now been paid.(v) Ms Grzywacz has the right to claim unfair dismissal.(vi) Ms Grzywacz was wrongfully and unfairly dismissed. The Respondent has failed to comply with the ACAS Code of Practice. Case No. 2304082/17 2300895/18 2301073/18(vii) Ms Grzywacz’s claim for unpaid wages in respect of statutory sick pay has now been paid.(viii) Ms Grzywacz and Ms Zembrzuska’s claims for pay in lieu of holiday accrued but not taken are well founded. Mr Pasternakiewicz’s claim for holiday pay fails.(ix) Ms Grzywacz’s claim of failure to provide written particulars of employment succeeds.(x) The Respondent is ordered to pay Ms Zembrzuska £62 in respect of holiday pay, (10 days × £38.75 = £387.50 less £325.50 already paid).(xi) The Respondent is ordered to pay Ms Grzywacz £4,256 calculated as set out below. Unfair dismissal Basic award 646 Compensatory award Loss to from dismissal to 31st October 2018 0 (6 months SSP now paid) Loss 1st - 30th November 2018 (4x 300) 1200 Loss of statutory rights 350 1550 Holiday pay (£60x 16.3=978) Less £600 now paid 378 25% uplift for failure to comply with the ACAS code (1928 x 25%) 482 Failure to provide particulars of employment (4 x £300) 1200 Total Award 4256 The Recoupment Regulations 1996 do not apply to this award.