Ms R V Lago v M V Clarke LLP (England and Wales : Breach of Contract) -[2025] UKET 2216259/2023- (27 February 2025)

BAILII

Automated Summary

Key Facts

The Employment Tribunal (London Central) dismissed all claims by Ms Rocio Vaqueiro Lago against Michael Van Clarke LLP, including unfair dismissal, race discrimination, harassment, victimisation, and claims related to holiday pay, notice pay, unlawful wage deductions, and breach of contract. The case was heard over five days in November 2024 and additional sessions in February 2025, with judgment delivered on 27 February 2025 by Employment Judge Jonathan Gidney and tribunal members Butler and Hearn.

Issues

  • The Claimant's claim of direct race discrimination pursuant to s9 & s13 Equality Act 2010 ('EqA')
  • The Claimant's claim for Breach of Contract
  • The Claimant's claim of harassment related to race pursuant to s26 EqA
  • The Claimant's claim for Holiday Pay
  • The Claimant's claim for Unlawful Deductions from Wages
  • The Claimant's claim of victimisation pursuant to s27 EqA
  • The Claimant's claim for Notice Pay
  • The Claimant's claim of unfair dismissal pursuant to s98(4) Employment Rights Act 1996 ('ERA')

Holdings

  • 7. The Claimant's claim for Unlawful Deductions from Wages dismissed.
  • 8. The Claimant's claim for Breach of Contract dismissed.
  • 5. The Claimant's claim for Holiday Pay dismissed.
  • 1. The Claimant's claim of unfair dismissal, pursuant to s98(4) Employment Rights Act 1996 ('ERA') dismissed.
  • 4. The Claimant's claim of victimisation pursuant to s27 EqA dismissed.
  • 6. The Claimant's claim for Notice Pay dismissed.
  • 3. The Claimant's claim of harassment related to race pursuant to s26 EqA dismissed.
  • 2. The Claimant's claim of direct race discrimination pursuant to s9 & s13 Equality Act 2010 ('EqA') dismissed.

Legal Principles

  • The Claimant's claim for Notice Pay
  • The Claimant's claim for Unlawful Deductions from Wages
  • The Claimant's claim of harassment related to race pursuant to section 26 of the Equality Act 2010
  • The Claimant's claim for Breach of Contract
  • The Claimant's claim of victimisation pursuant to section 27 of the Equality Act 2010
  • The Claimant's claim for Holiday Pay
  • The Claimant's claim of unfair dismissal pursuant to section 98(4) of the Employment Rights Act 1996 ('ERA')
  • The Claimant's claim of direct race discrimination pursuant to sections 9 and 13 of the Equality Act 2010 ('EqA')

Cited Statute

  • Employment Rights Act 1996
  • Equality Act 2010

Judge Name

  • Steven Hearn
  • Rayner Butler
  • Jonathan Gidney

Passage Text

  • 2. The Claimant's claim of direct race discrimination pursuant to s9 & s13 Equality Act 2010 ('EqA')
  • 1. The Claimant's claim of unfair dismissal, pursuant to s98(4) Employment Rights Act 1996 ('ERA')
  • 7. The Claimant's claim for Unlawful Deductions from Wages