S Martin and N Lowe v RKZ Hotel and Pub Company Ltd: 2408393/2021 and 2408394/2021

EMPLOYMENT TRIBUNALS

Case No 2408393/2021, 2408394/2021

Between

S Martin and N LoweClaimant

RKZ Hotel and Pub Company LimitedRespondent

Before

Employment Judge Batten

Date 16 August 2022

JUDGMENT

Employment Tribunals Rules of Procedure 2013 – Rule 21

[1]The respondent has made unauthorised deductions from the claimants’ wages and is ordered to pay the gross sum of £423.46 to each claimant.

[2]The respondent has failed to pay the claimants’ holiday entitlement and is ordered to pay the gross sum of £317.60 to each claimant.

[3]The claimants’ other claims, of sex discrimination and whistleblowing detriment/unfair dismissal, shall proceed to hearing listed on 15, 16 and 17 August 2022. _____________________________ Employment Judge Batten Date: 10 January 2022

[1]This guidance note should be read in conjunction with the booklet, ‘The Judgment’ which can be found on our website at www.gov.uk/government/publications/employment-tribunal-hearings-judgment-guide-t426 If you do not have access to the internet, paper copies can be obtained by telephoning the tribunal office dealing with the claim.

[2]The Employment Tribunals (Interest) Order 1990 provides for interest to be paid on employment tribunal awards (excluding sums representing costs or expenses) if they remain wholly or partly unpaid more than 14 days after the date on which the Tribunal’s judgment is recorded as having been sent to the parties, which is known as “the relevant decision day”.

[3]The date from which interest starts to accrue is the day immediately following the relevant decision day and is called “the calculation day”. The dates of both the relevant decision day and the calculation day that apply in your case are recorded on the Notice attached to the judgment. If you have received a judgment and subsequently request reasons (see ‘The Judgment’ booklet) the date of the relevant judgment day will remain unchanged.

[4]“Interest” means simple interest accruing from day to day on such part of the sum of money awarded by the tribunal for the time being remaining unpaid. Interest does not accrue on deductions such as Tax and/or National Insurance Contributions that are to be paid to the appropriate authorities. Neither does interest accrue on any sums which the Secretary of State has claimed in a recoupment notice (see ‘The Judgment’ booklet).

[5]Where the sum awarded is varied upon a review of the judgment by the Employment Tribunal or upon appeal to the Employment Appeal Tribunal or a higher appellate court, then interest will accrue in the same way (from "the calculation day"), but on the award as varied by the higher court and not on the sum originally awarded by the Tribunal.

[6]‘The Judgment’ booklet explains how employment tribunal awards are enforced. The interest element of an award is enforced in the same way. Cases No. 2408393/2021 2408394/2021 1 EMPLOYMENT TRIBUNALS Claimants: Miss S Martin Mr N Lowe Respondent: RKZ Hotel and Pub Company Ltd Heard at: Manchester On: 15 & 16 August 2021 Before: Employment Judge Phil Allen Mrs A Ashworth Dr H Vahramian REPRESENTATION: Claimants: In person Respondent: Did not attend, having not responded

[1]The claimants did make protected disclosures to the respondent on 6 May, 11 May, 3 June, 4 June, and 8 June 2021.

[2]The respondent did subject the claimants to a detriment on 17 June 2021 by informing the claimants that the terms of their contracts had been unilaterally varied so that their employment could be terminated on 24 hours notice, and they could be required to vacate the premises in which they were residing on 24 hours notice. That was on the ground that the claimants had made a protected disclosure. The claims under sections 48 and 47B of the Employment Rights Act 1996 succeed.

[3]The claimants were dismissed by the respondent on 19 June 2021 within the meaning of section 95(1)(c) of the Employment Rights Act 1996 (constructive dismissal) in that the respondent had fundamentally breached the duty of trust and confidence and the claimants resigned in response to that breach (without delay) and were entitled to do so.

[4]The principal reason for the claimants’ dismissal was that they had made one or more protected disclosures. The claimants were automatically unfairly dismissed as provided by section 103A of the Employment Rights Act 1996. Cases No. 2408393/2021 2408394/2021 2

[5]Miss Martin’s claim for sex discrimination is dismissed on withdrawal.

[6]Miss Martin is awarded a compensatory award for unfair dismissal of £7,038.46.

[7]Mr Lowe is awarded a compensatory award for unfair dismissal of £5,683.46.

[8]Each of the claimants is also awarded an injury to feelings award of £5,000 (to each claimant) arising from the detriment found (in accordance with section 49 of the Employment Rights Act 1996).