Ms Roha Dahir v Wimbledon Mosque (acting by its Trustees, Mohammed Sajid Haq, Dr Talat Malik, Saleem Ullah Shaikh and Mohammad Arshad) — 2021

The tribunal, sitting at London South (Croydon) before Employment Judge McCann with members Ms K Turquoise and Mr J Hutchings, found unanimously that the claimant, a part-time teacher at the Wimbledon Mosque Madrasah, was unfairly dismissed and wrongfully dismissed. The respondent had conceded unfair dismissal by reason of lack of fair procedure and had conceded that the claimant was entitled to three weeks' notice pay, having been given only two days' notice on 27 May 2021.

In relation to discrimination, the tribunal found that the claimant's dismissal amounted to both direct sex discrimination and direct race discrimination. The tribunal concluded that the claimant's race and sex both played a part in her being uniquely and quickly selected for dismissal, in contrast to other female teaching staff (Ms Baqi and Ms Najeeb) doing the same role. The tribunal also found that the respondent had failed to consider reasonable alternatives that might have saved the claimant's job, and that by the time furlough was offered on 27 June 2021 the claimant had already been dismissed a month earlier.

The related discrimination complaints concerning the claimant's timetabling (placement on the 5pm-6pm shift from around 16 May 2021) were not well-founded and were dismissed. Applying Polkey/Chagger, the tribunal concluded that there was a very good chance the claimant would have remained in employment absent the procedural failings and discrimination, with the precise percentage to be determined at a remedy hearing listed for 15 April 2024.