Cases3313538/2022

Claimant v The Wild Pot Limited

Outcome

Claimant succeeds£20,444

Individual claims

Unfair Dismissalsucceeded

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.

Direct Discrimination(race)failed

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.

Direct Discrimination(sexual orientation)failed

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.

Harassment(race)succeeded

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.

Harassment(sexual orientation)succeeded

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.

Breach of Contractsucceeded

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.

Holiday Paysucceeded

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.

Unlawful Deduction from Wagessucceeded

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

Basic award£1,142
Compensatory award£2,573
Injury to feelings£11,000
Notice pay£3,110
Holiday pay£663
Unpaid wages£821
Loss of statutory rights£500
Interest£1,134

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