Case 2203362/2019 · Employment Tribunal
Mr O Grillo v Safestay plc London Central: 9 and 10 March 2021 — 2021
- Case reference
- 2203362/2019
- Decision date
- 10 March 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Nicolle
- Panel members
- Mr T Cook, Mr P Secher
Parties
2 namedClaimant
Mr O Grillo
Key findings
Tribunal's reasoningThe tribunal upheld Mr O Grillo's claims for direct race discrimination under s.13 Equality Act 2010 and victimisation under s.27 Equality Act 2010. It awarded a combined £1,500 for injury to feelings on those claims. The tribunal then found that the respondent had failed to comply with the ACAS grievance procedures and increased that award by 15% under s.207A(2) Trade Union and Labour Relations (Consolidation) Act 1992, before grossing it up for tax to £2,156.25.
The harassment claim under s.26 Equality Act 2010 was dismissed. The tribunal also upheld Mr O Grillo's separate claim for failure to provide statutory particulars of employment under s.1 ERA 1996, awarding compensation equivalent to two weeks' net pay in the sum of £752 under s.38 Employment Act 2002.
Interest on the discrimination award was then calculated under the Employment Tribunals (Interest on Awards in Discrimination Cases) Regulations 1996 at 8% from the mid-point date of 1 February 2020 to 10 March 2021, producing interest of £154.07. The tribunal recorded a total award of £3,062.32 overall, comprising the discrimination award with interest and the separate £752 statutory-particulars award.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Race discrimination | Succeeded jointly with the victimisation claim; the tribunal made a combined injury-to-feelings award rather than a separate figure for this claim alone. | Upheld | Race | — |
| Victimisation | Succeeded jointly with the direct race discrimination claim; the tribunal made a combined injury-to-feelings award rather than a separate figure for this claim alone. | Upheld | — | — |
| Harassment | The claim under s.26 Equality Act 2010 failed and was dismissed. | Dismissed | Race | — |
| Other | The claim for failure to provide statutory particulars of employment under s.1 ERA 1996 succeeded; the tribunal awarded two weeks' net pay under s.38 Employment Act 2002. | Upheld | — | £752 |
Remedy
Monetary award- Total award
- £3,062
- across all upheld claims
- Compensatory award
- £752
- compensatory remedy recorded
Legal tests applied
9 references- s.13 Equality Act 2010
- s.27 Equality Act 2010
- s.26 Equality Act 2010
- ACAS Code of Practice on Disciplinary and Grievance Procedures (2015)
- s.207A(2) Trade Union and Labour Relations (Consolidation) Act 1992
- s.1 Employment Rights Act 1996
- s.38 Employment Act 2002
- Employment Tribunals (Interest on Awards in Discrimination Cases) Regulations 1996
- s.17 Judgments Act 1838
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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