Case 1300556/2019 · Employment Tribunal
Ms S Kumar v Nicholl Food Packaging Limited (in liquidation) and 1 other — 2020
- Case reference
- 1300556/2019
- Decision date
- 4 February 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Camp Members
- Venue
- Birmingham
- Panel members
- Mrs IR Fox, Mr D Faulconbridge
Parties
3 namedClaimant
Ms S Kumar
Key findings
Tribunal's reasoningThe proceedings against Nicholl Food Packaging Limited (in administration) were stayed under paragraphs 43 and 44 of schedule B1 to the Insolvency Act 1986, subject to an unless order. The substantive judgment therefore concerned respondent (2), Mr Jerry Ren. The tribunal recorded that the claimant appeared in person and there was no appearance for the respondents.
Against Mr Ren, the tribunal upheld a complaint of direct race discrimination arising from a comment made at a meeting on 28 January 2019. It also upheld two complaints of victimisation under section 27 of the Equality Act 2010: first, in relation to the claimant being placed in an alleged redundancy situation and ultimately being made redundant; and second, in relation to Mr Ren shouting and swearing at the claimant in front of her colleagues on 8 February 2019.
The tribunal made no final decision on a racial harassment complaint because it was identical to the successful direct race discrimination complaint and did not need separate determination. All other complaints against Mr Ren were dismissed.
The claimant was awarded a total of £23,096.99 in compensation against Mr Ren. This consisted of £10,000 for injury to feelings, £13,551.82 for loss of earnings, £135.52 for loss of pension, and £333.33 for loss of statutory rights, less £923.68 already received from Nicholl Food Packaging Limited as a redundancy payment.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Race discrimination | Succeeded in relation to a comment made by respondent (2) to the claimant at a meeting on 28 January 2019, referred to in paragraph 62 of the claim form particulars of claim. | Upheld | Race | — |
| Victimisation | Succeeded under section 27 of the Equality Act 2010 in relation to the claimant being placed in an alleged redundancy situation and ultimately being made redundant. | Upheld | Race | — |
| Victimisation | Succeeded under section 27 of the Equality Act 2010 in relation to respondent (2) shouting and swearing at the claimant in front of her colleagues on 8 February 2019. | Upheld | Race | — |
| Harassment | No final decision was made because the harassment complaint was identical to the upheld direct race discrimination complaint and the tribunal said it was unnecessary to decide it separately. | Other | Race | — |
Remedy
Monetary award- Total award
- £23,097
- across all upheld claims
- Compensatory award
- £13,097
- compensatory remedy recorded
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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