THE INDUSTRIAL TRIBUNALS

CASE REF:	55/15

CLAIMANT:			Michal Zak	

RESPONDENTS:		1.	Fork and Cork Ltd t/a 4th Wall Restaurant
				2.	Johny Hamilton	

DECISION 
The decision of the tribunal is that the first respondent is ordered to pay to the claimant compensation of £7,040 by reason of having committed racial discrimination against the claimant and having victimised him on the basis of his race and £616 by reason of the first respondent’s failure to provide to the claimant by the date of his claim a written statement of the particulars of his employment.  

Constitution of Tribunal:
Employment Judge:	B Greene	
Members:			Mr E Grant
				Mr J Pollock

Appearances:
The claimant appeared in person.
The first respondent was represented by Ms C Reid of the first respondent.  The second respondent appeared in person.

1.	The claimant claimed discrimination and victimisation on the grounds of race against both respondents.  The respondents disputed the claimant’s claims in their entirety.  At the hearing the first respondent did not call any evidence.  The second respondent gave evidence in person.

2.	The tribunal found, having heard the evidence, that the claimant had suffered discrimination on the grounds of his race and had been victimised also on the ground of his race by the first respondent and it awarded him compensation of £7,040, comprising £6,005 for injury of feelings and £540 for loss of earnings.  The tribunal also awarded the claimant £616 by reason of the first respondent’s failure to provide to the claimant by the date of his claim written particulars of his employment.  

3.	The tribunal dismissed all claims against the second respondent.  

4.	Oral reasons were given at the hearing for the tribunal’s decision.  

5.	This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.

Employment Judge

Date and place of hearing:  24 and 25 June and 10 and 11 August 2015, Belfast.	 

Date decision recorded in register and issued to parties: