University of Southampton

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.

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.

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• •key legal issues/arguments

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…