Claimant v The Wild Pot Limited
Outcome
Individual claims
The tribunal found that the claimant was dismissed by the respondent and that this dismissal was unfair. The tribunal was satisfied that the employer failed to follow a fair procedure or establish a fair reason for the dismissal.
The tribunal concluded that the claimant failed to establish facts from which it could be inferred that the less favourable treatment was because of race. The claim was not well founded and was dismissed.
The tribunal concluded that the claimant failed to establish facts from which it could be inferred that the less favourable treatment was because of sexual orientation. The claim was not well founded and was dismissed.
The tribunal found that the claimant was subjected to unwanted conduct related to race which had the purpose or effect of violating his dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for him.
The tribunal found that the claimant was subjected to unwanted conduct related to sexual orientation which had the purpose or effect of violating his dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for him.
The tribunal found that the respondent failed to pay the claimant his contractual notice pay of 6 weeks amounting to £3,109.92 and awarded compensation accordingly.
The tribunal found that the respondent failed to pay the claimant for accrued holiday not taken at the end of his employment, awarding £663.32 for this unpaid entitlement.
The tribunal found that the respondent made unlawful deductions from the claimant's wages for March 2020 (£303.04) and for the period 1-7 August 2022 (£518.32), totalling £821.36 in unpaid wages.
Facts
Mr Perez Vargas was employed by The Wild Pot Limited in the hospitality sector. He was dismissed in August 2022. During his employment, he was subjected to harassment related to his race and sexual orientation. The respondent also failed to pay him properly, including withholding wages for March 2020 and the first week of August 2022, failing to pay for accrued holiday, and not providing proper notice pay.
Decision
The tribunal found that the claimant was unfairly dismissed and succeeded in his harassment claims related to race and sexual orientation. However, his direct discrimination claims failed as he could not establish the less favourable treatment was because of his protected characteristics. The tribunal awarded £20,444.24 comprising unfair dismissal compensation, injury to feelings, notice pay, holiday pay, and unpaid wages.
Practical note
Employers in the hospitality sector must ensure they follow fair dismissal procedures and maintain a workplace free from harassment based on protected characteristics, even where direct discrimination cannot be established.
Award breakdown
Vento band: lower
Case details
- Case number
- 3313538/2022
- Decision date
- 6 March 2025
- Hearing type
- full merits
- Hearing days
- 3
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- Yes
- Rep type
- lay rep
Employment details
Claimant representation
- Represented
- No