DAOJING DING v Beijing Buffet Restaurant Limited T/a Yo Yo in Beijing and 1 other — 2024

DAOJING DING worked for Beijing Buffet Restaurant Limited as a dessert and sushi chef from 9 August 2021 until 24 April 2022. The tribunal found that she was not given a written statement of particulars of employment. The case concerned a single incident on 26 December 2021 when Mr Huang returned to the restaurant, shouted and swore at her, pointed at her, and used a Mandarin insult which the tribunal found could and was intended to be understood as referring to female genitalia.

The tribunal preferred the Claimant's evidence to Mr Huang's account, which it found inconsistent, evasive and obfuscating. It found that the words and conduct were unwanted conduct related to the protected characteristic of sex, that the conduct violated the Claimant's dignity and created an adverse environment, and that it was reasonable for it to have that effect. The tribunal held that the First Respondent was vicariously liable under section 109(1) Equality Act 2010 and upheld the harassment claim under section 26(1), but found that Mr Huang's purpose had been a loss of control rather than a purpose to violate dignity.

For remedy, the tribunal placed the injury to feelings award in the lower Vento band and awarded £7,000. It accepted that the incident caused a period of illness and found that the Claimant was unable to work until 24 April 2022, awarding £4,512.78 for loss of earnings and no separate personal injury or sundry expenses award. It also awarded £600 for the failure to provide written particulars under section 38(3) of the Employment Act 2002 and £1,569.00 interest, giving a total award of £13,681.78. The claim against the Second Respondent was dismissed because the tribunal found no evidential basis for liability against it.