EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: S/4102939/2017 Held in Glasgow on October 2017 Employment Judge: W A Meiklejohn Mr Ferenc Scherer v Represented by Ms N Kovacs –15 Representative Renderworks Limited — 2017

The First and Second Claimants were Hungarian roughcast installers. The tribunal accepted that they entered into an oral contract with the Respondent on 26 April 2017 to be paid £8.80 per square metre net, that they worked under the Respondent's direction and supervision, and that they were workers for section 230(3) ERA 1996 purposes. The Respondent did not file a response or attend. Ms N Kovacs gave evidence for the Claimants and was found credible.

The tribunal found unlawful deduction of wages in respect of both Claimants. It accepted that each Claimant was owed £631 for work between 20 and 30 June 2017 and £400 for work between 3 and 7 July 2017, making £1,031 each. The Respondent was ordered to pay those sums.

On race discrimination, the tribunal accepted that the Respondent had paid its Scottish roughcasting squads but withheld payment from the Claimants, who were Hungarian. Applying section 136 EqA 2010, it found facts from which discrimination could be inferred and, with no response from the Respondent, held that race discrimination was made out. It found loss of four weeks' earnings of £1,320 each, less casual earnings of £650 each, leaving £670 each, and awarded £1,000 each for injury to feelings in the lower Vento band. Interest at 8% of £23.48 each was added, making the race discrimination award £1,670 each plus interest.

The victimisation allegation was dismissed. The tribunal held that the Claimants' request for payment of wages, without an allegation at that stage of an Equality Act contravention, was not a protected act within section 27 EqA 2010.