Ms E Meskavska v TBS East Anglia Ltd: 3301922/2023 and 3301934/2023
JUDGMENT
[1]The complaint of unauthorised deductions from wages is well-founded. The respondent made an unauthorised deduction from the claimant's wages in the period from December 2022 to 1 February 2023 amounting to 44 unpaid hours.[2]The complaint in respect of holiday pay is well-founded. The respondent made an unauthorised deduction from the claimant's wages by failing to pay the claimant for holidays accrued but not taken on the date the claimant’s employment ended. This amounts to 10 hours of holiday entitlement.[3]The complaint in respect of harassment relating to race contrary to section 26 of the Equality Act 2010 is well-founded to the extent that Mr Baker made references to the claimant as a ‘fucking Latvian’ and a ‘fucking foreigner’. The tribunal has assessed injury to feeling in the sum of £5000.[4]The respondent must pay the claimant within 14 days from the date of this judgment the total sum of £5648. This consists of: a) £528 in respect of unpaid wages as set out in paragraph 1 above, calculated as 44 unpaid hours x £12 per hour. The claimant is responsible for the payment of any tax on this amount; b) £120 in respect of unpaid accrued holiday entitlement as set out in paragraph 2 above. The claimant is responsible for the payment of any tax on this amount; Case number 3301922/2023 3301934/2023 c) £5000 in respect of compensation for injury to feeling as set out in paragraph 3 above. Approved by: