Case 2402642/2020 · Employment Tribunal
Mr S Kassama v Cherish Children’s Care Limited HELD AT: Manchester — 2024
- Case reference
- 2402642/2020
- Decision date
- 29 October 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Slater
- Panel members
- Ms A Jackson, Mr J Murdie
Parties
2 namedClaimant
Mr S Kassama
Key findings
Tribunal's reasoningThe tribunal, sitting at Manchester on 21-24 October 2024, held that it did not have jurisdiction over the race discrimination complaints relating to handling of the first grievance (part of issue 10.2.1), the complaint about a manager using the 'n' word in 2017 (10.2.2), and the complaints at 10.2.3 and 10.2.4. It rejected the direct race discrimination complaint relating to the handling of the second grievance (the remaining part of 10.2.1).
The tribunal upheld the direct race discrimination complaint about a 'stereotypes' conversation in late November 2019 (the remaining part of 10.2.2). It also held that the claimant's constructive unfair dismissal claim was well founded.
The tribunal found the respondent in breach of contract for not paying the claimant the full amount due during two weeks on garden leave. It awarded £9,659 for unfair dismissal, with the recoupment annex recording a prescribed element of £8,709 for 12 February 2020 to 20 November 2020 and an excess of £950. It awarded £5,000 plus £1,966 interest for direct race discrimination, and £535.56 gross for breach of contract; the interest notice recorded a relevant decision day of 29 October 2024, a calculation day of 30 October 2024, and a stipulated rate of 8% per annum.
Claims and outcomes
8 findings recordedThis case has mixed outcomes under at least one legal claim type. A tribunal can uphold some allegations and dismiss others under the same legal head, so rows below may represent separate issues or allegation groups from the judgment.
| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Race discrimination | Tribunal held it had no jurisdiction to deal with the race discrimination complaint about handling of the first grievance (part of issue 10.2.1). | Other | Race | — |
| Race discrimination | Tribunal held it had no jurisdiction to deal with the complaint about a manager using the 'n' word in 2017 (issue 10.2.2). | Other | Race | — |
| Race discrimination | Tribunal held it had no jurisdiction to deal with the complaint identified at issue 10.2.3; the extracted text does not describe the underlying allegation. | Other | Race | — |
| Race discrimination | Tribunal held it had no jurisdiction to deal with the complaint identified at issue 10.2.4; the extracted text does not describe the underlying allegation. | Other | Race | — |
| Race discrimination | Direct race discrimination complaint relating to handling of the second grievance (the remaining part of issue 10.2.1) was not well founded. | Dismissed | Race | — |
| Race discrimination | Direct race discrimination complaint about the 'stereotypes' conversation in late November 2019 (the remaining part of issue 10.2.2) succeeded; the judgment also ordered £1,966 interest. |
Remedy
Monetary award- Total award
- £17,161
- across all upheld claims
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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