Case 2305072/2023 · Employment Tribunal
Mr. Balceira v Sabio Recruitment Ltd (Company No 14556744) — 2025
- Case reference
- 2305072/2023
- Decision date
- 13 March 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Bowen Representation
Parties
2 namedClaimant
Mr. Balceira
Key findings
Tribunal's reasoningThe tribunal, sitting on 26 February 2025 at Croydon ET (VR) via CVP before Employment Judge Bowen, determined the case without a hearing under rule 60. The Respondent failed to attend and the Claimant appeared in person. The complaint of harassment related to race was well founded and succeeded in two respects: a failure to pay the Claimant's last two weeks' wages and/or holiday pay, and a statement by Gerald Davies that if the Claimant did not want the job, other 'foreigners' would take it for even less money.
The complaints of unauthorised deductions from wages and of unpaid accrued holiday pay were each well founded. The Claimant's claims of direct race discrimination were dismissed pursuant to s.212(5) of the Equality Act 2010 because they arose from the same factual basis as the harassment claims.
By way of remedy, the Respondent was ordered to pay £1,045.88 in compensation for past losses (the gross sum owed in unpaid wages and holiday pay), £135.02 in interest on that amount, £3,000 for injury to feelings, and £415.56 in interest on the injury to feelings award. The tribunal recorded that the unpaid wages and holiday pay were awarded as compensation in respect of harassment, so no separate award was payable for those claims. The Claimant was responsible for any tax or National Insurance.
Claims and outcomes
8 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Race discrimination | Direct race discrimination claims dismissed pursuant to s.212(5) Equality Act 2010 as they arose from the same factual basis as the harassment claims. | Dismissed | Race | — |
| Harassment | Harassment related to race upheld in respect of (a) failure to pay last 2 weeks' wages/holiday pay and (b) comment by Gerald Davies that 'foreigners' would take the job for less. Award combines £1,045.88 unpaid wages/holiday pay, £135.02 interest, £3,000 injury to feelings and £415.56 interest on injury to feelings. | Upheld | Race | £4,596 |
| Harassment | Harassment related to race upheld in respect of (a) failure to pay last 2 weeks' wages/holiday pay and (b) comment by Gerald Davies that 'foreigners' would take the job for less. Award combines £1,045.88 unpaid wages/holiday pay, £135.02 interest, £3,000 injury to feelings and £415.56 interest on injury to feelings. | Upheld | Race | £4,596 |
| Race discrimination | Direct race discrimination claims dismissed pursuant to s.212(5) Equality Act 2010 as they arose from the same factual basis as the harassment claims. | Dismissed | Race | — |
| Unlawful deduction from wages | Complaint well-founded: Respondent made unauthorised deductions from the Claimant's wages in the last 2 weeks of his employment. No separate award payable because the sum has been awarded as compensation in respect of harassment. | Upheld | — |
Remedy
Monetary award- Total award
- £4,596
- across all upheld claims
- Compensatory award
- £1,046
- compensatory remedy recorded
Legal tests applied
1 reference- s.212(5) Equality Act 2010
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.
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