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1404855/2018Claimant Successful

University of Southampton

11 June 2021Employment TribunalFirst instanceEngland & Wales
GOV.UK

Decision Overview

Case Summary

The claimant's claims for wrongful dismissal, unfair dismissal, failure to pay holiday pay, direct religion or belief discrimination, direct race discrimination, indirect religion or belief discrimination, indirect race discrimination, harassment related to religion or belief, harassment related to race and victimisation were well founded.

Why this outcome?

Claim not well-founded

The tribunal found that all of the claimant's claims were well-founded on their merits following a full hearing, including wrongful dismissal, unfair dismissal, failure to pay holiday pay, and multiple discrimination claims based on religion or belief and race.

Compensation

Estimated total

£3,449,329

Extracted from the judgment text and may not capture every award component precisely.

Basic Award

£9,652

Compensatory

£625

Injury to Feelings

£38,750

Key Issues

  • key legal issues/arguments

Cited Laws and Legal Issues

Employment Rights Act 1996 unfair dismissalEmployment Rights Act 1996

The claimant's claims for wrongful dismissal, unfair dismissal, failure to pay holiday pay, direct religion or belief discrimination, direct race discrimination, indirect religion or belief discrimination, indirect race discrimination, harassment related to religion or belief, harassment related to ra

Equality Act 2010 race discriminationEquality Act 2010

for wrongful dismissal, unfair dismissal, failure to pay holiday pay, direct religion or belief discrimination, direct race discrimination, indirect religion or belief discrimination, indirect race discrimination, harassment related to religion or belief, harassment related to race and victimisation were well founded.

Working Time Regulations 1998Working Time Regulations 1998

The claimant's claims for wrongful dismissal, unfair dismissal, failure to pay holiday pay, direct religion or belief discrimination, direct race discrimination, indirect religion or belief discrimination, indirect race discrimination, harassment related to religion or belief, harassment related to race and...

Decision Text

1 THE EMPLOYMENT TRIBUNAL SITTING AT: SOUTHAMPTON BEFORE: EMPLOYMENT JUDGE EMERTON (sitting alone) BETWEEN: Dr R Werner Claimant AND University of Southampton Respondent ON: 5 June 2019 APPEARANCES: For the Claimant: In person For the Respondent: Not represented [Response not presented] JUDGMENT Liability 1. The following claims are well founded, pursuant to rule 21 of the Employment Tribunal Rules of Procedure 2013: wrongful dismissal, unfair dismissal, failure to pay holiday pay, direct religion or belief discrimination, direct race discrimination, indirect religion or belief discrimination, indirect race discrimination, harassment related to religion or belief, harassment related to race and victimisation. 2. The Recoupment Regulations do not apply. Remedy 3. The claimant would be entitled to compensation for wrongful dismissal (notice pay) of £12,552.60. The respondent unreasonably failed to comply with the applicable ACAS Code of Practice. The tribunal considers it just 2 and equitable to increase compensation by 25%. The respondent is therefore ordered to pay the claimant the sum of £15,690.75. 4. The claimant is entitled to a basic award for unfair dismissal of £9,652.00 5. The claimant would be entitled to compensation for a compensatory award for unfair dismissal of £500.00, representing loss of statutory rights. The respondent unreasonably failed to comply with the applicable ACAS Code of Practice. The tribunal considers it just and equitable to increase the compensatory award by 25%. The respondent is therefore ordered to pay the claimant the sum of £625.00. 6. No further sums are due in respect of the compensatory award, because these have been ordered as compensation for di...

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Case Facts

Respondent

University of Southampton

Employer page →View all cases →
Claimant
Dr R Werner
Case Number
1404855/2018
Tribunal
Employment Tribunal
Level
First instance
Decision Date
11 June 2021
Published
30 June 2021
Jurisdiction
England & Wales
Judge
Employment Judge Emerton
Representation
Litigant in person