Zak v Fork and Cork Ltd t/a 4th Wall...Johny Hamilton [2015] NIIT 00055_15IT (28 August 2015)

Zak v Fork and Cork Ltd t/a 4th Wall...Johny Hamilton [2015] NIIT 00055_15IT (28 August 2015)

The tribunal found that the claimant suffered discrimination and victimisation on the grounds of race by the first respondent and was entitled to compensation. The first respondent also failed to provide written particulars of employment, warranting additional compensation.

Citation
[2015] NIIT 00055_15IT
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
Fair Employment Tribunal / Final Judgment
Outcome
Claims against first respondent upheld; claims against second respondent dismissed
Legal Topics
Racial Discrimination, Victimisation, Written Particulars of Employment
Employment Law Equality Law Racial Discrimination Victimisation Written Particulars of Employment

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

Fair Employment Tribunal / Final Judgment

Legal Issues

  1. 1 Whether the claimant was discriminated against on the grounds of race
  2. 2 Whether the claimant was victimised on the grounds of race
  3. 3 Whether the respondent failed to provide written particulars of employment

Ratio Decidendi

The tribunal found that the claimant suffered discrimination and victimisation on the grounds of race by the first respondent and was entitled to compensation. The first respondent also failed to provide written particulars of employment, warranting additional compensation.

Court Disposition

Claims against first respondent upheld; claims against second respondent dismissed

Orders

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