Miss L. O’Shea v LJE Management Limited — 2023

The tribunal held that Miss L. O’Shea’s claims of direct race discrimination, harassment on the grounds of race, and unfair dismissal were well founded. It also found a breach of contract claim for notice pay was well founded, and that the respondent had failed to provide a written statement of employment particulars contrary to s1 of the Employment Rights Act 1996. The respondent did not attend the hearing.

For the discrimination claims, the tribunal ordered £13,017.36 as compensation for unlawful discrimination, inclusive of interest and with a 25% uplift under s207A of the Trade Union and Labour Relations (Consolidation Act) 1992. That figure was made up of £1,500 for loss of earnings to 1 September 2021, £10,000 for injury to feelings, and interest of £105.86 and £1,411.50. The tribunal said recoupment of benefits did not apply because the claimant had not claimed or received benefits beyond those already being received during employment.

For unfair dismissal, the tribunal awarded a basic award of £300 based on two years' service and gross weekly pay of £150. It also awarded £300 for breach of contract notice pay, after accounting to HMRC for tax and national insurance, and £300 under s38 of the Employment Act 2002 for the absence of a written statement of employment particulars. The judgment further recommended that, within one month, the respondent's director consult the Equality and Human Rights Commission about training on racial harassment in the workplace and how to eliminate it.