Employment Judge MellorMr Morris (instructed by solicitor) for claimantNot represented for respondentDate 18 May 2023
JUDGMENT
[1]The claims of direct and/or indirect race discrimination under the Equality Act 2010 are dismissed upon withdrawal.[2]It is ‘just and equitable’ to award an uplift of 25% for failure to comply with the ACAS Code of Practice on Disciplinary and Grievance procedures (“the ACAS uplift”).[3]The claim for unfair dismissal succeeds and the respondent is ordered to pay to the claimant the following sums:a. a basic award of £1513.92 (3 x £504.64);andb. compensatory award of £8,103.14 (that is loss of earnings of 24 weeks less income from his new job £7603.14 plus £500 loss statutory rights); andc. An increase of 25% on the compensatory award for failure to comply with the ACAS code of practice of £2025.79.d. Total award for unfair dismissal £11,642.85[4]The claimant’s claim for notice pay succeeds, the claimant is entitled to two weeks’ notice pay which amounts to £796.44 (this sum is included in the above calculation).[5]The respondent made an unauthorised deduction from wages by failing to pay the claimant his accrued but untaken holiday pay and the respondent is ordered to pay the claimant £1729.91.[6]The respondent is ordered to pay the claimant additional compensation pursuant to section 38 Employment Act 2002 for failure to provide the claimant with a written statement of employment particulars and the respondent shall pay to the claimant the gross sum of £1592.88 (representing 4 weeks’ pay).[7]The total sum payable by the respondent to the claimant is £14965.64.