Ms S Mustafa v British Council and Ms H Worwood: 2205935/2020
JUDGMENT
[1]The Claimant’s claim for redundancy pay is stayed until 10 December 2021, with liberty to restore, if by that date the First Respondent fails to pay to the Claimant the full amount of her redundancy payment.[2]By consent, the Respondent shall pay to the Claimant the sum of £3,517.59, and account to HMRC for any tax and NI due, for the Claimant’s accrued but untaken holidays, and in satisfaction of the Claimant’s claim for holiday pay.[3]The Claimant’s claims for direct race discrimination (s. 13 of the Equality Act 2010) against the First Respondent and the Second Respondent fail and are dismissed.[4]The Claimant’s claim for racial harassment (s. 26 of the Equality Act 2010) against the Second Respondent fails and is dismissed.[5]The Claimant’s claims for victimisation (s. 27 of the Equality Act 2010) against the First Respondent and the Second Respondent fail and are dismissed.[6]The Claimant was unfairly dismissed by the First Respondent.[7]If a fair dismissal procedure had been adopted by the First Respondent, the Claimant would have been dismissed on 31 August 2020.[8]The First Respondent must pay to the Claimant compensation for unfair dismissal comprising £250 for loss of statutory rights, plus an amount representing the Claimant’s net loss for the period between 15 August 2020 and 31 August 2020.[9]The Parties must notify the Tribunal by 10 December 2020 if a remedy hearing is required.