Mr G Jones v Cupio Vehicle Management Ltd: 2401585/2017

EMPLOYMENT TRIBUNALS

Case No 2401585/2017

Between

Mr G JonesClaimant

Cupio Vehicle Management LtdRespondent

Before

Employment Judge Shotter

Date 26 September 2017

JUDGMENT

The judgment of the Tribunal is that the claimant is ordered to pay to the respondent a contribution towards costs in the sum of £400 to be paid in four instalments of £100 each on 29 September, 29 October, 29 November and 29 December 2017. _____________________________ 26.09.17 Employment Judge Shotter Date____________________________ JUDGMENT SENT TO THE PARTIES ON 29 September 2017 FOR THE TRIBUNAL OFFICE Note Reasons for the judgment having been given orally at the hearing, written reasons will not be provided unless a request was made by either party at the hearing or a written request is presented by either party within 14 days of the sending of this written record of the decision. Case No. 2401585/17 1 EMPLOYMENT TRIBUNALS Claimant: Mr Glyn Jones Respondent: Cupio Vehicle Management Limited HELD AT: Liverpool ON: 3 November 2017 BEFORE: Employment Judge Robinson REPRESENTATION: Claimant: Respondent: Mr Lewis, Counsel Mr T Kenward, Counsel JUDGMENT The judgment of the Tribunal is that the claimant can pursue his claims as he was a worker within the meaning of the Acts for which he has brought proceedings including a claim for unlawful deduction of wages relating to the National Minimum Wage under the Employment Rights Act 1996, his failure to pay holiday pay under the same Act and his discrimination claims with regard to the protected characteristic of disability. Directions have been made on a separate document with regard to the future good conduct of these proceedings. 06-11-17 Employment Judge Robinson JUDGMENT SENT TO THE PARTIES ON 13 November 2017 FOR THE TRIBUNAL OFFICE Case No. 2401585/2017 1 EMPLOYMENT TRIBUNALS Claimant: Mr G Jones Respondent: Cupio Vehicle Management Limited Heard at: Liverpool On: 21 May 2018 Before: Employment Judge Robinson REPRESENTATION: Claimant: Respondent: In person Not in attendance JUDGMENT The judgment of the Tribunal is as follows:

[1]The claimant is disabled within the meaning of section 6 of the Equality Act 2010.

[2]The contract between Mr Jones and the respondent was not an illegal contract.

[3]The respondent has not paid the claimant the minimum wage and consequently owe him a total of £3,173.58 as an unlawful deduction of wages.

[4]The respondent has not paid the claimant holiday pay and owe him £700.20 as a deduction of wages.

[5]The claimant's complaints of discrimination arising from disability and a failure to make reasonable adjustments succeed, and the respondent is ordered to pay a sum for injury to feelings in the sum of £12,500 including interest.

[6]In view of the respondent’s behaviour towards the claimant during the course of these proceedings and where the acts done to the claimant were done in an exceptionally upsetting way, I order the respondent to pay aggravated damages of £2,500 including interest. Case No. 2401585/2017 2

[7]I also order the respondent to pay to the claimant part of his legal costs in the sum of £2,550 inclusive of VAT.

[8]The total sum due to the claimant therefore including costs is £21,423.78 and the respondent shall pay that sum to the claimant forthwith. 21-05-18