Cases3302665/2023

Claimant v West Herts Sports Bar Management Limited

Outcome

Partly successful

Individual claims

Othersucceeded

The tribunal found that the first respondent failed to comply with s8(1) Employment Rights Act 1996 because the claimant was paid weekly but only received an itemised pay slip monthly, breaching the statutory requirement to provide pay slips at or before the time of payment.

Direct Discrimination(race)failed

The tribunal found that the claimant did not establish facts from which it could be concluded that direct race discrimination had occurred. The evidence did not support a finding of less favourable treatment because of race.

Harassment(race)failed

The tribunal determined that the conduct complained of did not amount to harassment related to race as it did not meet the statutory definition under the Equality Act 2010, either because the conduct did not occur or did not have the requisite relationship to the protected characteristic.

Facts

The claimant, Claudine Aaron, was employed by West Herts Sports Bar Management Limited and was paid weekly but only received itemised pay slips monthly. She brought claims for failure to provide pay slips, race discrimination, and harassment related to race against the company and two individual respondents.

Decision

The tribunal upheld the claim for failure to provide itemised pay slips under s8(1) ERA 1996, making a declaration but no financial award under s12(4). The claims of direct race discrimination and harassment related to race were dismissed as the claimant did not establish the necessary facts to support those allegations.

Practical note

Employers must ensure that itemised pay slips are provided at the frequency of payment (weekly if paid weekly), not at longer intervals, to comply with s8(1) ERA 1996, though breach alone does not automatically result in compensation.

Legal authorities cited

Statutes

ERA 1996 s.8(1)ERA 1996 s.12(4)Equality Act 2010

Case details

Case number
3302665/2023
Decision date
10 April 2025
Hearing type
full merits
Hearing days
3
Classification
contested

Respondent

Sector
hospitality
Represented
Yes
Rep type
lay rep

Claimant representation

Represented
No