Case 2401682/2022 · Employment Tribunal
Mr J Arcanjo Dos Santos v AV Unibrak South Ltd — 2023
- Case reference
- 2401682/2022
- Decision date
- 31 July 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Dunlop
- Venue
- Manchester
- Panel members
- Mrs A Booth, Mr P Dobson
Parties
2 namedClaimant
Mr J Arcanjo Dos Santos
Respondent
Key findings
Tribunal's reasoningAt the Manchester video hearing on 17, 18, 19, 20 and 21 May 2023, before Employment Judge Dunlop with Mrs A Booth and Mr P Dobson, the tribunal dismissed the claimant's unfair dismissal claim as not well-founded.
The tribunal upheld the direct race discrimination claim in part. It found that the respondent discriminated against the claimant by failing to increase his hourly rate and by requiring him to do more labouring work because of his race. The tribunal ordered £2,179.17 for losses, as agreed between the parties, and £21,000 for injury to feelings.
Interest was awarded on the discrimination losses at 8% from 1 August 2021, amounting to £343.88, and on the injury to feelings award at 8% from 1 May 2021, amounting to £3,737.42. The tribunal also found an unauthorised deduction from wages for September 2021, but said the amount due was incorporated into the agreed losses figure. It further found that outstanding accrued holiday pay remained payable on termination and ordered £364.00 gross, producing a total payable of £27,624.47.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal found the unfair dismissal claim was not well-founded. | Dismissed | — | — |
| Race discrimination | Direct race discrimination succeeded in part: the tribunal found the respondent failed to increase the claimant's hourly rate and required him to do more labouring work because of his race. It awarded £2,179.17 for losses and £21,000 for injury to feelings, with interest awarded separately. | Upheld | Race | £23,179 |
| Unlawful deduction from wages | The tribunal found an unauthorised deduction from wages for September 2021; the amount due was said to be incorporated into the agreed £2,179.17 losses figure. | Upheld | — | — |
| Holiday pay | The tribunal found outstanding accrued holiday pay on termination and, by agreement, ordered £364.00 gross. | Upheld | — | £364 |
Remedy
Monetary award- Total award
- £27,624
- across all upheld claims
- Compensatory award
- £2,543
- compensatory remedy recorded
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.
Named in this case and want it removed? Submit a takedown request. The page will be withdrawn on receipt and the editor will follow up within five working days.