Isaac Seopane v J T Edwards Ltd — 2021

Isaac Seopane worked for J T Edwards Ltd first as a subcontractor from 2 April 2017 and then, from 16 April 2018, as an employee. The tribunal found he had in reality always been an employee. That finding meant his basic award was calculated on 3 years' service, and the Schedule 1 calculations used a 3-week basic award at the capped weekly pay figure.

The unfair dismissal claim succeeded. The tribunal found that the respondent's stated redundancy case did not reflect the real reason for dismissal. It accepted that James Edwards refused furlough because he believed the claimant was trying to use furlough to study for his masters and travel to Botswana, and because he was unhappy about the overtime claimed. The tribunal found that the claimant was working on the hospital account during the pandemic, that there was work to do, and that the dismissal was in effect a response to those issues rather than an objective redundancy decision. It also found that, even if redundancy had been the reason, the dismissal would still have been unfair because no fair procedure was followed.

The race discrimination claim was dismissed. The tribunal accepted that two earlier comments with racial connotations had been made, but held that they were out of time and not part of a series, so it would not be just and equitable to extend time. It rejected the claimant's other allegations, including the chair complaint, the bonus point, the theft allegation, the furlough comparison, and the redundancy selection point. On the furlough issue, the tribunal found that asking for medical evidence in the early pandemic context was not race discrimination.

The unlawful deduction from wages claim succeeded. The tribunal found that the claimant had worked the overtime claimed during the period when the hospital work increased during Covid-19, and that he had been paid only half of the 174 hours claimed for 19 March to 24 April 2020. It awarded £2,349 for the unpaid 87 hours at £27 per hour. The separate failure to provide written particulars claim also succeeded, and the tribunal awarded 2 weeks' pay at the capped weekly rate, £1,076.

The Schedule 1 calculations produced a compensation figure above the statutory cap, so the final order was capped at £39,114. The tribunal also directed that the recoupment regulations applied. It made no award for injury to feelings, and it recorded that there was no award for the manner of dismissal.