Mr G. Guerrero v Holiday Estates Limited t/a New Cross Inn Hostel — 2022

The claimant was employed by the respondent from 17 February 2019 to 30 September 2019. The tribunal found that he was unfairly dismissed for asserting a statutory right, contrary to s.104 Employment Rights Act 1996. His separate unfair dismissal claim under s.103A ERA 1996, based on protected disclosure, failed, and his detriment claim under s.47B ERA 1996 also failed. The race discrimination and sexual orientation discrimination claims under ss.13 and 39 Equality Act 2010 were dismissed.

The tribunal found that harassment related to sexual orientation succeeded, and harassment related to race succeeded in part. It awarded £5,000 for injury to feelings for the harassment findings, applied a 20% ACAS uplift of £1,000 to that sum, and awarded interest on £6,000 from 10 July 2019 to the date of judgment, totalling £1,262.47. The tribunal also recorded a further 20% uplift on the remaining awards, totalling £1,530.72.

The claim for unauthorised deductions from wages succeeded because the claimant was not paid the national minimum wage for hours worked and was not paid accrued but untaken holiday pay, producing awards of £4,431.90 and £622.38. Wrongful dismissal also succeeded, but no separate award was made because it was encompassed within the unfair dismissal compensatory award. The tribunal further found a breach of s.1(1) ERA 1996 for failure to provide written initial employment particulars and awarded four weeks' pay of £1,191.52. The total gross sum ordered was £16,446.77.