Zak v Fork and Cork Ltd t/a 4th Wall...Johny Hamilton [2015] NIIT 00055_15IT_1 (28 August 2015)

Zak v Fork and Cork Ltd t/a 4th Wall...Johny Hamilton [2015] NIIT 00055_15IT_1 (28 August 2015)

The tribunal found that the first respondent had discriminated against and victimised the claimant on the grounds of race and failed to provide a written statement of employment particulars, warranting compensation. All claims against the second respondent were dismissed.

Citation
[2015] NIIT 00055_15IT_1
Parties
Claimant: Michal Zak; First Respondent: Fork and Cork Ltd t/a 4th Wall Restaurant; Second Respondent: Johny Hamilton
Jurisdiction
Northern Ireland
Judgment Date
28 August 2015
Procedural Posture
Industrial Tribunal / Final Decision After Hearing
Outcome
Claim against first respondent upheld; claim against second respondent dismissed.
Legal Topics
Racial Discrimination, Victimisation, Written Statement of Employment Particulars
Employment Law Equality Law Racial Discrimination Victimisation Written Statement of Employment Particulars

Case Brief

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Parties

Michal Zak

Claimant

Fork and Cork Ltd t/a 4th Wall Restaurant

First Respondent

Johny Hamilton

Second Respondent

Procedural Posture

Industrial Tribunal / Final Decision After Hearing

Legal Issues

  1. 1 Whether the claimant was subjected to racial discrimination by the first respondent
  2. 2 Whether the claimant was victimised on the basis of his race by the first respondent
  3. 3 Whether the first respondent failed to provide a written statement of employment particulars

Ratio Decidendi

The tribunal found that the first respondent had discriminated against and victimised the claimant on the grounds of race and failed to provide a written statement of employment particulars, warranting compensation. All claims against the second respondent were dismissed.

Court Disposition

Claim against first respondent upheld; claim against second respondent dismissed.

Orders

  • First respondent to pay claimant £7,040 for racial discrimination and victimisation
  • First respondent to pay claimant £616 for failure to provide written statement of employment particulars