Mr D Woolf v London Borough of Hackney: 3200742/2016
| Jurisdiction | England & Wales |
| Judgment Date | 23 May 2017 |
| Citation | 3200742/2016 |
| Court | Employment Tribunal |
| Published date | 26 May 2017 |
| Subject Matter | Unlawful Deduction from Wages |
Case Number: 3200742/2016
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EMPLOYMENT TRIBUNALS
Claimant: Mr D Woolf
Respondent: London Borough of Hackney
Heard at: East London Hearing Centre On: 29 March &
4 - 6 April 2017
Before: Employment Judge Martin
Members: Mr T Burrows
Mr M Rowe
Representation
Claimant: Ms R White (Counsel)
Respondent: Mr J Davies (Counsel)
RESERVED JUDGMENT
The unanimous judgment of the Employment Tribunal is that:-
(1) The Claimant’s complaint of breach of the Working Time
Regulations (holiday pay) is dismissed upon withdrawal by the
Claimant.
(2) The Claimant’s compliant of sex discrimination under section 13 of
the Equality Act 2010.
(3) The Claimant’s complaint of an alleged detriment on the grounds of
making a protected interest disclosure contrary to section 47(B) of
the Employment Rights Act 1996 is dismissed upon withdrawal by
the Claimant.
(4) The Claimant’s complaint of automatic unfair dismissal for making a
protected interest disclosure contrary to section 103A of the
Employment Rights Act 1996 is dismissed upon withdrawal by the
Claimant.
Case Number: 3200742/2016
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(5) The Claimant’s complaint of unlawful deduction from wages is well-
founded and the Claimant is awarded three days pay.
(6) The Claimant’s complaint of unfair dismissal is also well-founded
and this case will be listed for a remedies hearing on 22 and
23 August 2017.
(7) The Claimant’s complaint of victimisation for doing a protected act
contrary to section 27 of the Equality Act 2010 is not well-founded
and is hereby dismissed.
(8) The Claimant’s complaint of wrongful dismissal is also not well-
founded and is hereby dismissed.
REASONS
Introduction
1 The following gave evidence on behalf of the Respondent:
- Ms Sarah Marshall, Interim Service Manager Access and Assessment
Team;
- Ms Brigitte Jordaan, former Head of Service;
- Ms Lorraine Robinson, HR Business Partner,
- Ms Briege Gilhooly, former Interim Service Manager for Children in Need;
- Sarah Wright, Director of Children and Family;
- Natalie Wright, HR Business Partner and
- Ilona Sarulakis, Principal Head of Adult Social Care Directorate.
2 The Tribunal also read the witness statement of Catherine Isaacs, former line
manager of the Claimant who was not able to attend the Tribunal to give evidence. We
gave such weight as was appropriate to that evidence.
3 The Claimant gave evidence on his own behalf.
4 Norman Saggers a friend and trade union representative gave evidence on
behalf of the Claimant. The Tribunal also read and accepted into evidence on behalf of
the Claimant the statement of Bryony Jones a friend and former colleague of the
Claimant. The Respondent did not contest that evidence.
5 The Tribunal were provided with an agreed bundle of documents marked
Appendix 1.
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