Mr P Wong v Nestify Ltd: 2203303/2020
JUDGMENT
[1]The claim of unfair dismissal is itself dismissed[2]The claim for racial harassment contrary to section 26 Equality Act 2010 succeeds.[3]The Respondent must pay the Claimant £7500 as damages within 14 days (that is by 2nd January 2021)REASONS
[1]The ET1 appears to have been served on the registered address of the Respondent but it has not defended. I have proceeded under Rule 21.[2]The Claimant cannot claim unfair dismissal as he did not have 2 years’ service.[3]The Claimant who is Chinese, told me that his boss Mr Eddie Zidan (who shows on the Company’s House website as a director of the Respondent) made racially harassing remarks on numerous occasions (in excess of ten) in the Claimant’s presence throughout his employment, but especially in the run up to the Covid 19 outbreak in January to March 2020. The comments were typically “These fucking Chinese motherfuckers”. Similar comments were made about the Respondent’s Chinese customers.[4]I have assessed that the proper quantum of damages for the Claimant’s injured feelings in this regard is £7500. J S Burns[1]The ET3 was in fact filed in time, but through oversight the tribunal proceeded in December 2020 on the erroneous premise that the claim was undefended. The Respondent was not given notice of the hearing at which the judgment for racial harassment was entered against the Respondent.[2]The Claimant, having been given notice, has not given any reasons why the judgment in that regard should not be set aside.[3](For the avoidance of doubt, the unfair dismissal claim remains dismissed as per paragraph 1 of the judgment dated 18/12/2020, because that related to the unfair dismissal claim, which was correctly dismissed for want of jurisdiction). J S Burns