Case 1311076/2020 · Employment Tribunal
Mr N Bouzid v The Energy Comparison Service Limited (in creditors voluntary liquidation) — 2023
- Case reference
- 1311076/2020
- Decision date
- 21 November 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Faulkner
- Venue
- Midlands West
- Panel members
- Mrs M Stewart, Mrs M Bola
Parties
2 namedClaimant
Mr N Bouzid
Key findings
Tribunal's reasoningAt the Midlands West hearing on 20 November 2023, before Employment Judge Faulkner with Mrs M Stewart and Mrs M Bola, the Respondent did not attend. The tribunal found the Claimant's complaints of unauthorised deductions from wages, breach of contract in relation to notice pay, and holiday pay well-founded. It held that the Respondent had made unauthorised deductions from wages between November 2019 and September 2020, and awarded £3,876.75. It also found that the Respondent was not entitled to dismiss the Claimant without notice, and awarded £1,184.50 in damages for notice pay, including a 15% uplift because the Respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015.
The tribunal further found that holiday pay was due in respect of accrued but untaken leave when employment ended on 12 October 2020, and awarded £3,674.46. On the discrimination claim, it found that the Respondent harassed the Claimant contrary to section 40 of the Equality Act 2010 from March 2020 to October 2020, related to age, where colleagues repeatedly referred to him as 'old man' and 'grandpa'. For that claim it awarded £22,500 for injury to feelings, including a 25% uplift for non-compliance with the ACAS Code, plus £6,637.81 interest under the Employment Tribunals (Interest on Awards in Discrimination Cases) Regulations 1996. The total award recorded in the judgment was £37,873.52.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | Unauthorised deductions from wages found for the period November 2019 to September 2020. | Upheld | — | £3,877 |
| Breach of contract | Notice pay claim found well-founded; damages included a 15% uplift because the Respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015. | Upheld | — | £1,185 |
| Holiday pay | Holiday pay for accrued but untaken leave was awarded on termination of employment on 12 October 2020. | Upheld | — | £3,674 |
| Harassment | The tribunal found harassment under section 40 Equality Act 2010 from March 2020 to October 2020, based on repeated references to the Claimant as 'old man' and 'grandpa'. The award included £22,500 for injury to feelings and £6,637.81 interest. | Upheld | Age | £29,138 |
Remedy
Monetary award- Total award
- £37,874
- across all upheld claims
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
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