Mr P McCorkell, solicitor For the v Mr Jarallah Al Malki and 1 other — 2020

The tribunal found that the claimant worked for the respondents as a live-in domestic servant from 19 January 2011 to 14 March 2011, working from about 6.00am until midnight each day, with no days off and no proper rest breaks. It accepted her evidence that she was not paid for this work, and awarded £4,763.96 in unpaid wages after allowing for the £1,000 previously paid by the respondents.

The tribunal also upheld the Working Time Regulations claims. It awarded £1,250 for failure to provide the claimant with the required daily breaks, and £630.50 for accrued holiday pay, recalculated by reference to an 18-hour working day over 55 days. It further found failures to provide a statement of particulars and itemised pay statements, and awarded £1,600 under section 38 of the Employment Act 2002, being four weeks' pay at the statutory cap then applicable.

The direct race discrimination, indirect race discrimination and harassment claims were dismissed. Applying Onu v Akwiwu and Mruke v Khan, the tribunal held that the claimant's treatment was because of her vulnerability arising from her socio-economic circumstances and immigration status, rather than because of race. The indirect discrimination claim also failed because the tribunal could not identify a provision, criterion or practice within section 19 of the Equality Act 2010.