Claimant v Harlow Pizza Ltd and Ali Hazra — 2020

Mr M Orlebar's claims were heard remotely by Skype on 29 April 2020 before Employment Judge JM Wade. The tribunal treated Harlow Pizza Limited as the correct employer and dismissed the claims against the second respondent, Ali Hazra. No response had been filed, so the tribunal relied on the claimant's evidence and Companies House material in deciding liability.

The tribunal found that Mr Orlebar worked from late April 2019 until August 2019 on an oral agreement to work part time delivering pizzas, but in practice he worked about 37.5 hours a week at £8.21 per hour. It held that he was not given pay slips, was not given written particulars of employment, and was not allowed rest breaks on shifts over six hours. The Regulation 12 Working Time Regulations claim succeeded and was compensated at two weeks' pay (£615.75). The unlawful deductions from wages claim also succeeded because the amounts paid were less than the sums properly payable; £1,276.46 gross was awarded.

On the race claims, the tribunal accepted that Mr B made a remark in the claimant's earshot that included the words 'at least I don't like monkeys', found that it was an unwanted remark related to race and that it violated the claimant's dignity, and extended time in the interests of justice if the incident had occurred in May rather than June. That harassment claim succeeded and £2,000 was awarded for injury to feelings, assessed in the Vento lowest band with inflation and a 10% uplift. The direct race discrimination claim failed because the tribunal found the refusal of leave was explained by the claimant being the driver, not by race. The failure to provide itemised pay statements also succeeded, but remedy was adjourned pending further information; the financial awards were increased by four weeks' pay (£1,231.50) for the missing section 1 written statement, making the total payable £5,123.71, with no recoupment.