Case 2205935/2020 · Employment Tribunal
Ms S. Mustafa v The British Council and 1 other — 2021
- Case reference
- 2205935/2020
- Decision date
- 25 October 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge P Klimov
- Panel members
- Mrs. F. Bond, Ms. L. Jones
Parties
3 namedClaimant
Ms S. Mustafa
Respondents
Key findings
Tribunal's reasoningThe tribunal stayed the claimant's redundancy pay claim until 10 December 2021, with liberty to restore it if the first respondent did not pay the full redundancy payment by that date. It also disposed of the holiday pay issue by consent, ordering the first respondent to pay £3,517.59, with tax and NI to be accounted for to HMRC, in satisfaction of accrued but untaken holiday and holiday pay.
The claimant's direct race discrimination claims under s. 13 Equality Act 2010 against both respondents were dismissed. The tribunal also dismissed the racial harassment claim under s. 26 Equality Act 2010 against the second respondent and the victimisation claims under s. 27 Equality Act 2010 against both respondents.
The tribunal upheld the unfair dismissal claim against the first respondent. It found that, had a fair dismissal procedure been followed, the claimant would have been dismissed on 31 August 2020. The written judgment states that compensation for unfair dismissal was to include £250 for loss of statutory rights plus net loss for the period from 15 August 2020 to 31 August 2020, but the judgment did not set out a final quantified total for that head in the order.
The parties were directed to notify the tribunal if a remedy hearing was required. The judgment therefore records final liability findings on the discrimination, harassment, victimisation, holiday pay, and unfair dismissal issues, but leaves the redundancy pay claim unresolved and does not provide a single final monetary total covering all heads of loss.
Claims and outcomes
6 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Redundancy | The tribunal stayed the redundancy pay claim until 10 December 2021, with liberty to restore if by that date the first respondent failed to pay the full amount of the redundancy payment. | Other | — | — |
| Holiday pay | By consent, the first respondent was ordered to pay £3,517.59, accounting to HMRC for any tax and NI due, in satisfaction of the claimant's claim for accrued but untaken holiday and holiday pay. | Settled | — | £3,518 |
| Race discrimination | The claimant's direct race discrimination claims under s. 13 Equality Act 2010 against both respondents failed and were dismissed. | Dismissed | Race | — |
| Harassment | The claimant's racial harassment claim under s. 26 Equality Act 2010 against the second respondent failed and was dismissed. | Dismissed | Race | — |
| Victimisation | The claimant's victimisation claims under s. 27 Equality Act 2010 against both respondents failed and were dismissed. | Dismissed | — | — |
| Unfair dismissal | The tribunal found that the claimant was unfairly dismissed by the first respondent. It found that if a fair dismissal procedure had been adopted, she would have been dismissed on 31 August 2020. Compensation was stated to comprise £250 for loss of statutory rights plus net loss for the period 15 August 2020 to 31 August 2020, but the judgment did not quantify the full amount in the written order. |
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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