Mr O Wilhelm v Bon Appetit Foodie Ltd: 2411650/2023
JUDGMENT
[1]This was an uncontested hearing. The Respondent has played no part in this claim to date.[2]The Respondent made unauthorized deductions from the Claimant’s wages. He was not allowed to take a lunch break but had 30 minutes deducted from his pay for each day he worked. Deductions from wages can be backdated for a two-year period. The Claimant worked 260 days in 2022. He was paid the minimum wage. The national minimum wage in 2022 was £9.18 an hour. Half an hour for 2022 was £4.59. £4.59 multiplied by 260 days amounts to £1,193.40 gross pay. The Claimant worked 236 days in 2023. The national minimum wage was £10.42 in 2023. 30 minutes pay was £5.21. £5.21 multiplied by 236 days amounts to £1,229.56 gross pay. This is a total of £[3]The Respondent failed to provide the Claimant with a written statement of the main terms of his employment in accordance with section 1 of the Employment Rights Act 1996. Two weeks pay compensation should be paid for this failure by the Respondent.[4]The Claimant’s claim for unpaid holiday pay accruing on the termination of his employment succeeds. He had not taken any leave during his last leave year. and the Respondent shall pay to the Claimant £2,625.84 representing 28 days pay (£10.42 multiplied by 9 hours multiplied by 28 days).[5]The Claimant’s complaint of direct race discrimination described in para27.1.1 and27.1.2 of the case management order of 16 May 2024 is well founded and succeeds. The Claimant’s complaint of age discrimination is not made out and is dismissed.[6]The Respondent must pay compensation of £1,500 (for injury to feelings) to the Claimant.[7]The Respondent must pay compensation of £1,500.48 for loss of salary when his working days were cut from 5 to 3 days for the period 1 October 2023 to when his employment ended on 28 November 2023 (9 hours multiplied by £10.42 multiplied by 16 days). The Tribunal accepts that the Claimant had his hours cut to allow Urdu speaking workers to have more shifts. The Claimant does not speak Urdu. He was treated less favorably due to his race as a result. The Tribunal found the Claimant to be a credible witness and accepted his evidence on how he was treated differently from other workers who spoke Pakistani Urdu.[8]The Respondent must pay the Claimant £8,987.08 comprising: a) £2,422.96 for unlawful deductions from wages in respect of lunch breaks from which any tax and national insurance fall to be deducted b) £2,625.84 for untaken holidays from which any tax and national insurance fall to be deducted c) Compensation for injury to feelings in the sum of £1,500 d) Compensation in the sum of £1,500.48 for his reduction in shifts from which any tax and national insurance fall to be deducted. e) Compensation in the sum of £937.80 for failure to give him a contract of employment.