Case 2406473/2022 · Employment Tribunal
Mr Ali Shahbibi v Riley Foods Limited — 2023
- Case reference
- 2406473/2022
- Decision date
- 31 May 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Mellor REPRESENTATION
Parties
2 namedClaimant
Mr Ali Shahbibi
Respondent
Key findings
Tribunal's reasoningMr Ali Shahbibi brought claims against Riley Foods Limited for race discrimination, unfair dismissal, notice pay, unpaid holiday pay and additional compensation for failure to provide written particulars. The hearing was before Employment Judge Mellor on 18 May 2023, and the respondent did not attend or submit a response. The race discrimination claims were dismissed upon withdrawal.
The unfair dismissal claim succeeded. The tribunal awarded a basic award of £1,513.92, a compensatory award of £8,103.14, and a 25% ACAS uplift of £2,025.79 for failure to comply with the ACAS Code of Practice on Disciplinary and Grievance procedures, producing a total unfair dismissal award of £11,642.85. The compensatory award was made up of loss of earnings for 24 weeks less income from the claimant's new job, plus £500 for loss of statutory rights.
The claimant also succeeded on notice pay and was found entitled to two weeks' notice pay of £796.44, but the judgment states that sum was included in the above calculation. The tribunal found an unauthorised deduction from wages in respect of accrued but untaken holiday pay and ordered £1,729.91. It also ordered £1,592.88 under section 38 Employment Act 2002 for failure to provide a written statement of employment particulars. The total sum payable was £14,965.64.
Claims and outcomes
5 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Race discrimination | The judgment states that the direct and/or indirect race discrimination claims were dismissed upon withdrawal. | Withdrawn | Race | — |
| Unfair dismissal | The tribunal awarded a basic award of £1,513.92, a compensatory award of £8,103.14, and a 25% ACAS uplift of £2,025.79, producing a total unfair dismissal award of £11,642.85. | Upheld | — | £11,643 |
| Breach of contract | The claimant succeeded on notice pay and was found entitled to two weeks' notice pay of £796.44, but the judgment says that sum was included in the above calculation and was not separately added to the total payable. | Upheld | — | — |
| Unlawful deduction from wages | The tribunal found an unauthorised deduction from wages in respect of accrued but untaken holiday pay and ordered payment of £1,729.91. | Upheld | — | £1,730 |
| Other | The tribunal ordered additional compensation under section 38 Employment Act 2002 for failure to provide a written statement of employment particulars, in the gross sum of £1,592.88, representing four weeks' pay. | Upheld | — | £1,593 |
Remedy
Monetary award- Total award
- £14,966
- across all upheld claims
- Basic award
- £1,514
- statutory, unfair dismissal
- Compensatory award
- £8,103
- compensatory remedy recorded
Legal tests applied
3 references- just and equitable
- ACAS Code of Practice on Disciplinary and Grievance procedures
- section 38 Employment Act 2002
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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