Miss S Johnrose v SER Staffing Ltd: 2419912/2020
JUDGMENT
[1]The claimant’s direct race discrimination claims do not succeed, and are dismissed.[2]The claimant’s claim for unpaid holiday pay succeeds, to the extent of 8 days unpaid holiday pay is outstanding. The claimant is awarded the gross sum of £769.23 (£25,000 (per year)/260 (working days) x 8). As this is a gross sum, any statutory deductions from source will need to be made by the employer, with the outstanding balance paid to the claimant. If no deductions are made, then the claimant will need to account for the tax and national insurance payments from this sum.[3]The claimant’s claim for breach of contract for unpaid wages of three weeks succeeds. The claimant is awarded the gross sum of £1,153.84 (£1,666.66 (monthly furlough pay) x 12 (months / 52 (weeks) x 3).[4]The claimant’s claim for breach of contract relating to a bonus payment was brought out of time, the claimant did not satisfy the tribunal that it was not reasonably practicable to bring the claim in time, and therefore the tribunal does not have jurisdiction over this claim. This part of the clam is dismissed.