Mr S P Makinde-Barth v G4S Secure Solutions Ltd: 1802390/2021
| Jurisdiction | England & Wales |
| Judgment Date | 28 June 2022 |
| Date | 28 June 2022 |
| Published date | 14 July 2022 |
| Court | Employment Tribunal |
| Citation | 1802390/2021 |
| Subject Matter | Breach of Contract |
Case Number: 1802390/2021
1
EMPLOYMENT TRIBUNALS
Claimant Respondent
Mr S P Makinde
-
Barth
v
G4S Secure Solutions Limited
Heard at: Leeds (by CVP) On: 20, 21, 22 and 23 June 2022
Before: Employment Judge A James
Mr P Kent
Mr G Corbett
Representation
For the Claimant: In person
For the Respondent: Mr S Irani-Nayar, counsel
JUDGMENT
(1) The claim for unpaid holiday pay in 2019 (Regulation 16 Working Time
Regulations 1998 and S.23 Employment Rights Act 1996) is not upheld
and is dismissed.
(2) The claim for unpaid holiday pay in 2020 (Regulation 16 Working Time
Regulations 1998 and S.23 Employment Rights Act 1996) is upheld, but
any further sums due were paid on 16 June 2021. The claimant has not
proved any further loss arising from the unauthorised deduction and
therefore no compensation is payable.
(3) The claim for failure to pay the claimant double time for working on 31
December 2020 and 1 January 2021 at Greencore Leeds (section 23
Employment Rights Act 1996) is upheld, but the sum due was paid in
September 2021. The claimant has not proved any further loss arising
from the unauthorised deduction and therefore no compensation is
payable.
(4) The claim in relation to the cancellation of five shifts between January and
August 2020 (s.23 Employment Rights Act 1996) is not upheld and is
dismissed.
(5) The claim in respect of an alleged failure to allow rest breaks whilst
working at Bradford Royal Infirmary between January and June 2021
(Regulation 12 Working Time Regulations 1998) is not upheld and is
dismissed.
Case Number: 1802390/2021
2
(6) The claims of direct race discrimination (s.13 Equality Act 2010) are not
upheld and are dismissed.
REASONS
The issues
1 The agreed issues which the tribunal had to determine are set out in Annex A.
The proceedings
2 Acas Early Conciliation took place between 18 February 2021 and 29 March
2021. The Claim form (the ET1) was submitted on 3 April 2021.
3 A preliminary hearing for case management took place on 18 June 2021
before Employment Judge Davies. The issues were partially identified. The
claimant was ordered to provide further information. A further case
management hearing was listed for 10 September 2021. The claimant failed to
provide all of the necessary information, in order for his claim to be
understood. As a result, at the September preliminary hearing, EJ Shepherd
made an unless order, in relation to the provision of the names of the person
or people with whom the claimant compares his treatment and the reasons
why he alleges that he was treated less favourably because of his race or
nationality. That information was provided in time.
4 A further preliminary hearing date was set for 10 December 2021. That
preliminary hearing took place as planned, before Employment Judge
Lancaster. This final hearing was listed, and relevant case management
orders were made, to ensure that the claim was ready to proceed this week.
The hearing
5 The tribunal heard evidence from the claimant. For the respondent, the
Tribunal hear from Mr Neil Jones, Contract Manager for Yorkshire and
Humberside. There was an agreed trial bundle of 291 pages, to which 8 pages
were added at the commencement of the hearing. The claimant’s schedule of
loss had been missed from the bundle. The claimant also produced six further
pages of documents to include in the bundle, which Mr Irani-Nayar did not
object to. Those pages were also added by consent.
6 On the third day, when witness evidence had been concluded but when
submissions were due to be given, the claimant submitted a copy of a Tesco
Club Card statement dated 23 April 2021. The claimant applied to admit that
document in evidence. The tribunal declined to allow that document to be
admitted in evidence. The tribunal’s order of 10 December 2021 stated:
By 21st January 2022 the Claimant must send the Respondent copies of
any other documents relevant to those issues. This includes documents
relevant to financial losses and injury to feelings.
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