Mr S Putman v Onriver (UK) Ltd and Mr Z Cheng: 2201569/2021
| Jurisdiction | England & Wales |
| Judgment Date | 26 October 2022 |
| Date | 26 October 2022 |
| Citation | 2201569/2021 |
| Court | Employment Tribunal |
| Published date | 02 November 2022 |
| Subject Matter | Breach of Contract |
Case Number: 2201569/2021
1
EMPLOYMENT TRIBUNALS
Claimant Respondents
Mr S Putman
v
(1) Onriver (UK) Limited
(2) Mr Zhengmao Cheng
Heard at: London Central On: 05, 06, 07 & 08 July 2022
Before: Employment Judge B Beyzade
Ms Z Darmas, Tribunal Member
Mr D Shaw, Tribunal Member
Representation
For the Claimant: Mr D. Wilson, Lay Representative
For the Respondents: Mr Z. Cheng, Director 1st respondent/2nd respondent
JUDGMENT
The unanimous judgment of the Tribunal is:
1. The complaint of unauthorised deduction from wages against the first
respondent in respect of the claimant’s arrears of pay relating to the month
of December 2020 is well founded and succeeds. The remainder of the
claimant’s claim of unauthorised deduction from wages (pay arrears and
bonus) is dismissed.
2. The complaint of unauthorised deduction from wages against the first
respondent in respect of holiday pay between 1 April 2021 and 31 May
Case Number: 2201569/2021
2
2021 is well founded and succeeds. The remainder of the claimant’s claim
of unauthorised deduction from wages (holiday pay) is dismissed.
3. The complaint of failure to provide pay statements in respect of 1 January
2021 to 31 May 2021 made against the first respondent pursuant to
sections 8 and 11(1) of the Employment Rights Act 1996 is well founded
and it succeeds.
4. The complaint of failure to provide an initial statement of employment
particulars and statement of change made against the first respondent
pursuant to sections 1 and 4 of the Employment Rights Act 1996 and
section 38 of the Employment Act 2002 is well founded and it succeeds.
5. A remedy hearing shall take place at 10.00am on 28 October 2022
which is listed for one day by Cloud Video Platform before
Employment Judge Beyzade, Ms Darmas and Mr Shaw to consider the
sums of money to be awarded to the claimant in respect of his successful
claims (as set out above).
6. The complaint of direct disability discrimination contrary to section 13 of
the Equality Act 2010 is dismissed as it is not well founded. This means
that the respondents did not subject the claimant to discrimination
because of his disability.
7. The complaint of harassment related to disability contrary to section 26 of
the Equality Act 2010 is dismissed as it is not well founded. This means
that the respondents did not subject the claimant to harassment related to
his disability.
8. The first respondent’s counterclaim is dismissed.
Case Number: 2201569/2021
3
REASONS
Introduction
1. The claimant presented a complaint of unlawful deduction from wages
(arrears of pay, bonus and holiday pay), failure to provide statement of
employment particulars and statement of change, failure to provide
itemised pay statements, direct disability discrimination and harassment
related to disability which the respondents denied.
2. In their ET3 Form, the respondents also indicated that they were making a
counterclaim for repayment of monies advanced to the claimant by the first
respondent by way of a number of alleged loans which the claimant
denied.
3. A final hearing was held on 5, 6, 7 and 8 July 2022. This was a hearing
held by Cloud Video Platform (“CVP”) video hearing pursuant to Rule 46 of
Schedule 1 of the Employment Tribunal Constitution and Rules of
Procedure Regulations 2013 (“ET Rules”). We were satisfied that the
parties were content to proceed with a CVP hearing, that it was just and
equitable in all the circumstances, and that the participants in hearing were
able to see and hear the proceedings.
4. The parties prepared and filed documents in advance of the hearing
consisting of the claimant’s chronology, claimant’s contract of employment
(signed and dated on 10 February 2016), Schedule 1 NEST pension
contribution detail, Schedule 2 claimant discrimination statement,
Schedule 3 claimant harassment statement, Schedule 4 schedule of text
messages, Schedule 5 summary of hospitalisations and cardiologist letter,
and Schedule 6 grievance and resignation letters. We also had before us
a copy of the Tribunal file which included a copy of the ET1 Form, ET3
Form, claimant’s Schedule of Loss, and the Case Management Orders
dated 07 March 2022.
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