Claimant v Sabio Recruitment Limited

The tribunal found harassment related to race was established based on two incidents: the respondent's failure to pay the claimant's last 2 weeks' pay (wages and/or holiday pay), and Gerald Davies telling the claimant that if he did not want the job other 'foreigners' would take it for even less money. These acts were found to constitute unwanted conduct related to race that violated the claimant's dignity.

The claims of direct race discrimination were dismissed pursuant to s.212(5) Equality Act 2010 because they arose from the same factual basis as the harassment claims which had succeeded.

The tribunal found the complaint of unauthorised deductions from wages was well-founded. The respondent made unauthorised deductions from the claimant's wages in the last 2 weeks of his employment.

The tribunal found the complaint in respect of holiday pay was well-founded. The respondent failed to pay the claimant for holidays accrued but not taken on the date the claimant's employment ended.