Mr B Jayeoba v Four Seasons Health Care Ltd: 2404242/2017
JUDGMENT
[2]The respondent did not discriminate against the claimant because of race.[3]The respondent did not victimise the claimant. Case No. 2404242/2017 4 July 2018[1]As compensation for unfair dismissal, the respondent is ordered to pay the claimant:1.1 a basic award of £735.00; and1.2 a compensatory award of £1,165.00.[2]The respondent made an unlawful deduction from the claimant’s holiday pay and is ordered to pay the claimant £260.97 subject to such deductions as it is entitled to make for tax and national insurance.[3]The claim for damages for breach of contract is dismissed on the ground that, if the dismissal was in breach of contract, the claimant has suffered no loss because he is fully compensated by the compensatory award for unfair dismissal.[4]Under rule 75(1)(c) and rule 76(5) of the Employment Tribunal Rules of Procedure 2013, the respondent is ordered to pay the claimant the sum of £40.00.[5]The claimant’s request for an order for payment of “disbursements” consisting of the travel expenses of Mr Fakunle is refused.[6]The tribunal has no power to make any adjustment to the claimant’s award under section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992 because the respondent did not breach the ACAS Code of Practice in relation to the claimant’s grievance.[7]The tribunal being satisfied that the claimant did not receive any relevant benefits during the period to which the prescribed element relates, regulation 7, paragraphs (3) to (7), of the Employment Protection (Recoupment of Benefits) Regulations 1996 do not apply. 28 February 2019