Miss J Gunning v Mr J Hussain (T/a Swift One Hour Dry Cleaners): 3303500/2015
| Judgment Date | 04 April 2017 |
| Citation | 3303500/2015 |
| Published date | 26 October 2017 |
| Court | Employment Tribunal |
| Subject Matter | Time Off |
Case Number: 3303500/2015
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EMPLOYMENT TRIBUNALS
BETWEEN
Claimant and
Respondent
Miss Jacqueline Gunning Mr Javid Hussain (trading as Swift
One Hour Dry Cleaners)
Held at: Watford On: 20 February 2017
Before: Employment Judge Southam
Appearances:
Claimant: Mr David Rommer, Solicitor
Respondent: In Person
RESERVED JUDGMENT
1. The respondent and Mr Raj Mehta as the claimant’s employers
subjected to the claimant to discrimination arising from her disability,
contrary to sections 15 and 39 Equality Act 2010.
2. The respondent unlawfully harassed the claimant, contrary to
section 26 Equality Act 2010.
3. The respondent made an unlawful deduction from the claimant’s
pay in the sum of £53, but the claimant’s claim was submitted out of time
in that respect and the tribunal does not have jurisdiction to hear it.
4. The respondent constructively dismissed the claimant from her
employment.
5. When the claimant commenced these proceedings, the respondent
was in breach of his obligation under section 4 Employment Rights Act
1996 to give to her a statement of the particulars of a change to the terms
of her employment.
Case Number: 3303500/2015
2
6. At the termination of her employment, the claimant was entitled to a
payment in respect of four weeks’ accrued but unused holiday entitlement.
7. The respondent is ordered to pay to the claimant the following
sums:
7.1 An award for compensation for discrimination composed of the
following elements:
7.1.1 Loss of earnings during employment, by reason of the
discriminatory failure of the respondent and his predecessor,
Mr Mehta to pay the claimant at least at the rate of the
National Minimum Wage, the sum of £31,014.00;
7.1.2 Loss of earnings after constructive dismissal, in the sum of
£38,843.00;
7.1.3 Compensation for failure to allow the claimant to take rest
breaks and holiday, in the sum of £500.00;
7.1.4 An award for injury to feelings in the sum of £18,150.00; and
7.1.5 Interest on the above sums, in the further sum of £7,036.44.
7.2 A basic award for unfair dismissal in the sum of £7,540.00.
7.3 An award of two weeks’ pay under section 38 Employment
Act 2002, because of a failure to provide a statement of particulars
of the variation of the claimant’s terms of employment, in the sum of
£754.00.
7.4 A award of compensation for accrued, but unused holiday
entitlement, in the sum of £1,263.00.
8. The tribunal recommends that the respondent provides to the
claimant, within 28 days of the date upon which this judgment is sent to
the parties, a favourable work reference and a letter of apology.
9. The recoupment provisions do not apply to the above
awards.
10. The respondent is further ordered to pay to the claimant the
sum of £950.00 in respect of a tribunal fee paid by the claimant for the
hearing of her claim.
11. The total sum payable by the respondent to the claimant is
the sum of £106,050.44.
REASONS
Claim and Response
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