Mr N Kun v Gill Foods Ltd: 2415197/2019
JUDGMENT
[1]The respondent shall pay the claimant the sum of £912.17 by way of unpaid wages/unlawful deductions from wages.[2]The claimant’s claims of race and religious discrimination as set out in paragraphs 12.3-12.9 of the Case Management Summary relating to the Preliminary Hearing on 14 August 2020 and clarified in paragraph 8 of the Case Management Summary relating to the Preliminary Hearing on 9 December 2020 succeed.[3]The claimant withdraws any claims in respect of the Transfer of Undertakings Regulations 2006.REASONS
[1]Following the Preliminary Hearing held on 9 August 2020, the claimant was ordered to provide details of the amounts and calculation of the unpaid wages/deductions from wages which he was claiming. In an email dated 9 December 2020 sent at 22:51 to the respondent and to the Tribunal the claimant clarified that the amounts he was owed were £15.50, £10.67, £134.84 and £821.16. He set out how those amounts were calculated and why those amounts were due to him from the respondent. At no stage has the respondent submitted any dispute of either the amounts or the method of calculation adopted by the claimant. Case No. 2415197/2019 Code V 2[2]At the Preliminary Hearing on 9 December 2020 it was noted that the respondent had not entered any Response to any of the claims of the claimant. Mr Gill, who appeared on behalf of the respondent company, asked for time to enter a Response and offered a detailed explanation as to why a Response had not yet been filed. The Tribunal on 9 December 2020 granted the respondent a fresh opportunity to file a Response to the claims of the claimant but indicated that it must do so by 19 February 2021. No such Response was ever filed. At the hearing today therefore, on 11 March 2021, no Response to any of the claims lodged by the claimant had been filed, and no request for any extension of the relevant time limit – 19 February 2021 – had been submitted on behalf of the respondent.[3]The Tribunal and the claimant were assisted by an interpreter, Ms Roka, who was able to assist in translation of the Hungarian language. She took the interpreter’s oath. The claimant affirmed. The claimant carefully considered his email of 9 December 2020 and the four paragraphs of explanation and the four separate sums of money to which the Tribunal has referred above. The claimant confirmed on oath that the calculations were accurate and that the circumstances giving rise to him being owed those monies were true. The Tribunal therefore ordered that the total of those four sums of money should be paid by the respondent to the claimant in the sum of £982.17.[4]The claims of race and religious discrimination had been summarised in paragraphs 12.3-12.9 inclusive in the Case Management Summary sent to the parties following the Preliminary Hearing on 14 August 2020. They had been clarified in paragraph 8 of the Case Management Summary sent to the parties following the Preliminary Hearing on 9 December 2020. The claimant confirmed on oath that the circumstances as described by the claimant of the acts of discrimination were true. The respondent had not filed any Response to any of the allegations of discrimination. The Tribunal therefore found those allegations of discrimination proven and the claims of race and religious discrimination therefore succeed.[5]The possibility of the claimant having included claims under the TUPE Regulations 2006 had been discussed with the claimant at the Preliminary Hearing on 9 December 2020. However, following discussion with the claimant today he confirmed he did not wish to pursue any claims in respect of those Regulations, and any such claims which may have been represented by the claimant’s claim form or additional particulars supplied by the claimant were withdrawn. Case No. 2415197/2019 Code V 3 Employment Judge Whittaker Date: 13th March 2021