Mr R Kawiliza v Lifeways and Others: 2410508/2019
| Judgment Date | 22 June 2021 |
| Citation | 2410508/2019 |
| Published date | 06 July 2021 |
| Court | Employment Tribunal |
| Subject Matter | Working Time Regulations |
Case Number: 2410508/2019
EMPLOYMENT TRIBUNALS
Claimant: Mr R Kawiliza
Respondents: Lifeways (1)
Lifeways Paragon Limited (2)
Living Ambitions Limited (3)
Heard at: Manchester (as a hybrid hearing)
On: 4, 5 and 7 May 2021
Before: Employment Judge Johnson
Members: Mrs A Booth
Mr M Stemp
Representation
Claimant: in person
Respondent: Ms L Quigley (counsel)
RESERVED JUDGMENT
1. The claimant was employed at the material time by Living Ambitions
Limited, who are the third respondent in these proceedings.
2. The claims against the first and second respondents are therefore
dismissed.
3. The claimant was fairly dismissed by reason of conduct and accordingly
his complaint of unfair dismissal is unsuccessful.
4. The claimant’s complaints alleging direct discrimination and harassment
by reason of his age contrary to sections 5, 13 and 26 of the Equality Act
2010, are not well founded and are dismissed. This means that these
complaints are unsuccessful.
Case Number: 2410508/2019
5. The complaint of unpaid annual leave entitlement succeeds and the
respondent is ordered to pay the claimant the sum of £86.82
6. The complaint of unlawful deduction of wages succeeds and the
respondent is ordered to pay the claimant the sum of £318.91.
7. Accordingly, the third respondent is ordered to pay the claimant the total
sum of £405.73 in settlement of his successful complaint of unpaid annual
leave entitlement and unlawful deduction from wages.
8. As the successful claims did not involve any award in respect of wages
following the termination of employment, the recoupment provisions do not
apply.
REASONS
Introduction
1. This claim arises from the claimant’s employment as a support worker with
one of the 3 respondents from 21 February 2016 until his employment was
terminated by reason of gross misconduct on 12 March 2019.
2. Proceedings began when the claimant presented a claim form to the
Tribunal on 31 July 2019 following a period of early conciliation with ACAS.
The claimant brought complaints of unfair dismissal, discrimination by
reason of the protected characteristic of age, unlawful deduction from wages
and unpaid annual leave entitlement.
3. The respondents were represented by the same solicitor and they presented
responses on 16 September 2019 resisting the claim and arguing that the
claimant was dismissed by reason of gross misconduct and that this
dismissal was not connected with his age.
4. The case was subject to case management before Employment Judge
Benson on 13 November 2019 when she listed the case for a final hearing,
identified the relevant issues to be considered at that hearing by the Tribunal
and made appropriate case management orders.
The issues
5. The issues identified by Employment Judge Benson remained in place at
the final hearing, subject to the inclusion of the claim for unpaid annual leave
entitlement, and are as follows:
Correct respondent
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