Ms Weigang Yan v Westminster City Council — 2025

The unanimous Tribunal, sitting at Central London (Employment Judge Woodhead with Ms Thayyiba Shaah and Mr T Cook), heard the claim of Ms Weigang Yan against Westminster City Council over six hearing days in November and December 2024. The Claimant brought complaints of direct race discrimination, direct sex discrimination, harassment related to race and sex, victimisation, unauthorised deductions from wages and breach of contract, arising from the conduct of her line managers, her failed probation (and extended probation), and the termination of her employment effective 6 October 2023.

The Tribunal dismissed all complaints, finding that none were well-founded. The discrimination, harassment and victimisation complaints under sections 13, 26 and 27 of the Equality Act 2010 were not made out on the evidence. The unlawful deductions and breach of contract complaints — which concerned an alleged £187.07 shortfall in salary for 1-6 October 2023 and a £980 pay award for the period 1 April to 30 August 2023 — were also dismissed; the Respondent had acknowledged that the Claimant could apply for the £980 pay award and had explained the process for doing so.

The Tribunal also refused an in-hearing application by the Claimant to amend her claim to add a pension-related complaint, applying the principles in Selkent Bus Company v Moore and Vaughan v Modality Partnership and concluding that the legal basis for the proposed amendment was not clear and that the balance of prejudice did not favour granting it.