Mr P Wise-Walsh, counsel For the v Respondent — 2025

The Claimant, a Marketing Associate of Afro-Caribbean origin employed by the First Respondent from 27 March 2023 until 30 October 2023, brought claims of automatic unfair dismissal (asserting a statutory right to a rest break under s.101A ERA 1996 and on health and safety grounds under s.100 ERA 1996), direct race discrimination, harassment related to race, unlawful deduction of wages and holiday pay. The tribunal, sitting before Employment Judge F Spencer at London Central, preferred the Respondents' evidence on the balance of probabilities on the contested factual matters and dismissed the discrimination, harassment and automatic unfair dismissal claims.

The wages claim succeeded: the Respondent had withheld the Claimant's October pay on the basis of alleged file deletion, and the tribunal ordered payment of £2,916.66 gross. The holiday pay claim also succeeded, with three days' holiday pay awarded amounting to £403.86 (3 x £134.62) gross.

The tribunal found a wholesale failure by the Respondent to comply with the ACAS Code on Disciplinary and Grievance procedures, noting the Claimant was not informed of any charge, there was no disciplinary process, and his grievance was not dealt with. It considered it just and equitable to increase the wages and holiday pay awards by 25%, adding £830.13. The Respondent was ordered to pay a total of £4,150.65.