L YANG v HYDE INTERNATIONAL (UK) (Appearance not entered) — 2024

The claimant, a project manager employed from 5 June 2019 until 17 October 2023, brought claims of unfair dismissal, race-related harassment, victimisation and unlawful deductions from wages against the respondent, which did not enter an appearance but was permitted to participate only on remedy. The tribunal accepted her unchallenged evidence that during a 7 June 2023 conference call she was subjected to unwanted conduct relating to her race, including being referred to as a "fake Western devil" and remarks about her Chinese identity, her Master's degree and her provincial origin. She went on sick leave with depression on 15 June 2023 and was told on 7 September 2023 that her contract would not be renewed.

Employment Judge O'Dempsey found the harassment claim under s.26 Equality Act 2010 made out, and concluded that the non-renewal of contract amounted to victimisation under s.27 of the Act, with the unfair dismissal claim under the Employment Rights Act 1996 also succeeding. The judge rejected the respondent's submission that the claimant would have been dismissed in any event for performance reasons (such as use of email rather than WeChat, or English rather than Mandarin), describing that chance as fanciful on the evidence.

On remedy, the parties reached agreement over the lunch adjournment on the figures to be awarded. The judge accepted the £14,000 award for injury to feelings as appropriate despite the absence of medical evidence for the claimant's reported reactive depression, and rejected the respondent's arguments against the £500 award for lost statutory rights and the back-payment of pension contributions. The judge found the loss was primarily attributable to victimisation under the Equality Act 2010, so recoupment regulations did not apply.