In person For the v Respondent — 2024

The tribunal found that the first respondent, NHK Enfield Ltd, was the claimant's employer. The second respondent was not incorporated until after most of the employment period and there was no evidence that it had taken over the claimant's employment, so all claims against it were dismissed.

The claimant worked as a delivery driver from 1 July 2020 until 31 December 2022, working 30 hours per week at £8 per hour plus £1 per delivery, using his own car. The tribunal found he was summarily dismissed when told he was no longer needed, with no prior discussion, no written confirmation, and no procedure. It found the dismissal was unfair because the respondent had not shown a fair reason and had followed no procedure.

The disability discrimination claim was dismissed. The tribunal accepted that words used at dismissal were unwanted conduct related to disability, but found the claimant had not shown that they had the purpose or reasonable effect required for harassment under s.26 Equality Act 2010. The redundancy payment claim also failed because the claimant was replaced almost at once and the need for delivery work continued.

The tribunal upheld the notice pay and holiday pay claims, awarding two weeks' notice pay and 18 months' holiday pay. It dismissed the arrears of pay and National Minimum Wage element, finding no basis to calculate pay after deducting the claimant's vehicle expenses. It also awarded four weeks' pay for failure to provide written terms and conditions, declined any ACAS uplift, and made no penalty payment or pre-judgment interest award.