Mr H Dimuna v Tyne Tees Vehicle Repair Group Ltd: 2501472/2020
REASONS
[1]The claimant presented a claim on 3 June 2020 It was sent to the respondent at its registered office on 5 August 2020 . A response form was due by 2 September 2020 but none was received. 2.I am required by rule 21 of the Employment Tribunals Rules of Procedure 2013 to decide on the available material whether a determination can be made and, if it can, I am obliged to issue a judgment which may determine liability and/or remedy. I consider the above judgment appropriate because the claim form does enable me to find the claims proved on a balance of probability but not to determine remedy EMPLOYMENT JUDGE T M GARNON[3]JUDGMENT OF THE EMPLOYMENT TRIBUNAL Held at Newcastle(by CVP) On 26-29 July 2021 EMPLOYMENT JUDGE GARNON MEMBERS: Ms. S DON and Mr. K.SMITH Appearances For the Claimant: Ms. T. Hand of Counsel For the Respondent: Mr. W. Lane Solicitor[5]The unanimous judgment of the Tribunal is(i) the claims of subjection to detriment and unfair dismissal due to having made protected disclosures, harassment related to race and breach of contract are not well founded so are dismissed.(ii) the claims of direct race discrimination, victimisation and unlawful deductions from wages are well founded. For the first two we award compensation of £25000 increased by 10% under Section 207A Trade Union and Labour Relations (Consolidation) Act 1992 and interest of £2933. On the last we order the respondent to repay the unlawful deduction of wages at £235.95(iii) Under section 38 Employment Act 2002 we make an award of 2 weeks gross pay £770 The total payable is £31438.95. Written reasons were not requested EMPLOYMENT JUDGE T. M. GARNON