Claimant v Orion Catering Services Ltd
Outcome
Individual claims
The tribunal dismissed the age discrimination claim. The claimant failed to establish facts from which the tribunal could conclude that age was a reason for the treatment complained of.
The tribunal found in favour of the claimant on wrongful dismissal. The respondent failed to attend or defend the claim, and the tribunal was satisfied on the evidence that the claimant was dismissed without proper notice or payment in lieu.
The tribunal found the claimant was owed accrued but untaken holiday pay on termination of employment. The respondent did not contest this claim and the tribunal accepted the claimant's evidence.
Facts
Mr Lam brought claims against his former employer, a catering services company, alleging age discrimination, wrongful dismissal and unpaid holiday pay. The respondent did not attend the hearing to defend the claims. The claimant represented himself and gave evidence over two days.
Decision
The tribunal dismissed the age discrimination claim, finding the claimant had not established facts from which discrimination could be inferred. However, the tribunal upheld the wrongful dismissal and holiday pay claims, awarding £5,272.64 for notice pay and £527.26 for accrued holiday pay, totaling £5,799.90.
Practical note
Even where a respondent fails to attend, a claimant must still prove their case on the evidence, particularly for discrimination claims where the burden of proof framework applies.
Award breakdown
Case details
- Case number
- 3203238/2022
- Decision date
- 16 February 2024
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- No
Claimant representation
- Represented
- No