Case 1300618/2019 · Employment Tribunal
In attendance For the v Mr M Davis, Employment Consultant — 2020
- Case reference
- 1300618/2019
- Decision date
- 19 February 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Hughes
- Panel members
- Mr C Greatorex, Dr N Bristow
Parties
2 namedClaimant
In attendance For the
Respondent
Key findings
Tribunal's reasoningThe tribunal found that the claimant was not self-employed and was a worker. It then held that it had no jurisdiction to hear the unfair dismissal and notice pay breach of contract claims because she was not an employee, so those claims were dismissed. The respondent’s strike-out application for non-compliance with case management orders was also dismissed, and the respondent’s application to take part in the proceedings was granted.
The claim for unlawful deductions from wages was dismissed. By contrast, the claimant’s claim for harassment related to race succeeded for the period 17 April 2017 to 24 November 2018. The tribunal held that this was a continuing course of conduct and that the claim was in time.
The claimant’s holiday pay claim under the Working Time Regulations also succeeded. The tribunal held that she was entitled to 5.6 weeks’ holiday per year for the holiday years 2017 and 2018, calculated on the basis of 16 hours per week at the applicable National Minimum Wage rate.
No remedy was determined in this judgment. The tribunal stated that it would reconvene on 13 May 2020 to determine remedy, and a separate directions order was issued for that hearing.
Claims and outcomes
5 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Dismissed because the tribunal held it had no jurisdiction: the claimant was a worker, not an employee. | Dismissed | — | — |
| Breach of contract | Dismissed because the tribunal held it had no jurisdiction: the claimant was a worker, not an employee. | Dismissed | — | — |
| Unlawful deduction from wages | Recorded from the judgment. | Dismissed | — | — |
| Harassment | Harassment related to race succeeded for the period 17 April 2017 to 24 November 2018; the tribunal found this was a continuing course of conduct and was in time. | Upheld | Race | — |
| Holiday pay | Holiday pay under the Working Time Regulations succeeded. The tribunal held the claimant was entitled to 5.6 weeks per year for the holiday years 2017 and 2018 at 16 hours per week at the applicable National Minimum Wage rate. | Upheld | — | — |
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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