Case 1305485/2018 · Employment Tribunal
Mrs N Rashidi-Zakeri v Birmingham City Council — 2021
- Case reference
- 1305485/2018
- Decision date
- 28 October 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Cookson
- Venue
- Birmingham
- Panel members
- Ms Outwin, Mr Simpson
Parties
2 namedClaimant
Mrs N Rashidi-Zakeri
Respondent
Key findings
Tribunal's reasoningThe tribunal unanimously decided that the claimant was not unfairly dismissed under s103A of the Employment Rights Act 1996. It did, however, find that she was unfairly dismissed contrary to s94 of the Employment Rights Act 1996, and that unfair dismissal claim was upheld.
The claimant's claims for unlawful detriment under s47B of the Employment Rights Act 1996 were not upheld and were dismissed. Her Equality Act 2010 claims for direct discrimination because of race and/or religious belief, harassment related to race and/or religious belief, and victimisation were also not upheld and were dismissed.
The judgment records that reasons were given orally at the hearing. No remedy figures or written reasons are included in the supplied judgment text.
Claims and outcomes
7 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal found the claimant was not unfairly dismissed under s103A ERA, but was unfairly dismissed contrary to s94 ERA. | Upheld | — | — |
| Whistleblowing | Claims for unlawful detriment under s47B ERA were not upheld and were dismissed; the s103A ERA dismissal allegation was also not upheld. | Dismissed | — | — |
| Race discrimination | Direct discrimination because of race under s13 Equality Act 2010 was not upheld and was dismissed. | Dismissed | Race | — |
| Religion or belief discrimination | Direct discrimination because of religious belief under s13 Equality Act 2010 was not upheld and was dismissed. | Dismissed | Religion or belief | — |
| Harassment | Harassment related to race under s26 Equality Act 2010 was not upheld and was dismissed. | Dismissed | Race | — |
| Harassment | Harassment related to religious belief under s26 Equality Act 2010 was not upheld and was dismissed. | Dismissed | Religion or belief | — |
| Victimisation | Victimisation under s27 Equality Act 2010 was not upheld and was dismissed. |
Legal tests applied
6 references- s103A Employment Rights Act 1996
- s94 Employment Rights Act 1996
- s47B Employment Rights Act 1996
- s13 Equality Act 2010
- s26 Equality Act 2010
- s27 Equality Act 2010
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.
- Open official judgment 1 PDF on gov.uk
- Open official judgment 2 PDF on gov.uk
- Open official judgment 3 PDF on gov.uk
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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