Case 2216707/2023 · Employment Tribunal
Miss H Lau v Dragon Cat Limited t/a Dragon Cat Cafe and 2 others — 2025
- Case reference
- 2216707/2023
- Decision date
- 6 March 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Forde
- Venue
- London Central
- Panel members
- Mr F Benson, Ms S Campbell
Parties
4 namedClaimant
Miss H Lau
Key findings
Tribunal's reasoningThe tribunal found that the first respondent, through the actions of the second respondent, failed to provide the claimant with sufficient information or evidence about the allegations against her, initially suspended her without pay, and repeatedly sought meetings despite her sickness explanations. It found that these matters amounted to serious fundamental breaches of contract, and that the claimant resigned promptly after the final matter concerning removal from suspension and placement on statutory sick pay.
The constructive unfair dismissal complaint was upheld against the first respondent, and the wrongful dismissal claim also succeeded. The tribunal dismissed the direct race discrimination claim, finding that the weekend-working allegation was not proved and that the suspension and dismissal-related matters were more likely due to the respondents' inexperience in handling disciplinary matters than race discrimination.
The tribunal also dismissed the right to be accompanied complaint, finding that no relevant meeting occurred and that it was not shown the claimant was not allowed to be accompanied.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Constructive dismissal | The judgment describes the complaint as constructive unfair dismissal and upholds it against the first respondent. | Upheld | — | — |
| Race discrimination | The direct race discrimination allegations concerning weekend working, suspension and constructive dismissal were not proven. | Dismissed | Race | — |
| Wrongful dismissal | The wrongful dismissal claim was upheld against the first respondent following the finding that the first respondent breached the claimant's contract of employment. | Upheld | — | — |
| Other | The claim of not allowing the claimant to be accompanied contrary to s.10 Employment Rights Act 1999 was dismissed. | Dismissed | — | — |
Legal tests applied
3 references- Section 136 Equality Act 2010
- s.10 Employment Rights Act 1999
- implied duty of mutual trust and confidence
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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