Mr L Zawierucha v Midland Stairs and Joinery Limited (in voluntary liquidation) — 2019

The hearing took place in Birmingham on 11 November 2019 before Employment Judge Flood, with Mrs Howard and Mr Wagstaffe sitting as members. The respondent did not attend. The tribunal held that the claimant's race discrimination complaint, framed as harassment in respect of an incident on 2 January 2019, was well founded and succeeded. It awarded £3,500 for injury to feelings and £240.11 interest on that sum.

The tribunal also upheld the unfair dismissal complaint. It ordered payment of a basic award of £1,016 and a further £500 in respect of loss of statutory rights. In addition, the tribunal upheld the claim for unlawful deduction from wages, finding that six weeks' wages remained unpaid between 16 November 2018 and 2 January 2019, and ordered payment of £5,321.16 gross.

The claimant's accrued holiday pay claim also succeeded. The tribunal found that 6 days of accrued but untaken holiday were due and ordered payment of £1,064.23 gross. It further upheld the breach of contract claim, finding that the claimant was entitled to one week's notice of termination and awarding £665.74 net. The tribunal also found that the respondent failed to comply with section 1 of the ERA 1996 and made an award of £2,032 under section 38 of the Employment Act 2002.

Finally, the tribunal made a finding of fact that the respondent had failed to pay the claimant's NEST contributions from 16 February 2018 until 2 January 2019. It held, however, that it had no jurisdiction to determine that complaint because those contributions did not amount to wages within section 27(1) and (2) of the ERA 1996.