QWE and RTE v Shiry Ltd T/a Persia Hove: 2304410/2022 and 2304411/2022
JUDGMENT
[1]The complaint of unauthorised deduction from wages is dismissed upon withdrawal.[2]The following complaints of harassment related to sex succeed in respect of the following conduct:a. Both Claimants had their arms squeezed leaving marks on the skin;b. Mr Abdulkhani repeatedly told the Claimants he would kill them;c. Mr Abdulkhani put his hands on the top of QWE’s arms, and turned her around aggressively and abruptly, and shouted “don’t you ever do this again, I’ll kill you understand?”;d. Mr Abdulkhani said to QWE, “you’ll be fine as long as you can deal with my anger, I don’t want you to go back and tell your mum I’m horrible, I do shout a lot and lose my temper.”e. Mr Abdulkhani said to both Claimants “back in my country girls your age are married with two children and therefore I expect better from you”.f. A work colleague named Ali said to RTE, “wow you’re so pretty don’t you have a boyfriend”.[3]The following complaint of harassment related to age succeeds: a. The Claimants were removed from the WhatsApp group where they accessed their rota resulting in their dismissal.[4]The claims otherwise fail and are dismissed. Remedy[5]The Respondent shall pay to QWE the following sums: Injury to feelings £25,000 (of which £20,000 is apportioned to injury to feelings for predismissal complaints and £5,000 relates to injury to feelings for the dismissal complaint) ACAS uplift of 10% on ITF £2,500 Interest on ITF £3,417.43 Loss of earnings £5,632 ACAS uplift 10% £563.20 Interest on loss of earnings £384.72 Failure to provide written particulars £768 Total £38,265.35[6]The Respondent shall pay to RTE the following sums: Injury to feelings £18,000 (of which £14,400 is apportioned to injury to feelings for predismissal complaints and £3,600 relates to injury to feelings for the dismissal complaint) ACAS uplift on ITF £1,800 Interest on ITF £2460.62 Loss of earnings £1,498 ACAS uplift 10% £149.80 Interest on loss of earnings £102.33 Failure to provide written particulars £364 Total £24,374.75