Mr K Clair (Solicitor) For the v Respondent — 2025

Ms Lingyu Jiang, a Chinese solicitor, joined TWM Trust Corporation Limited on 3 October 2022 on a six-month probationary basis in the business law department. The tribunal accepted that shortly after she started, the respondent lost its main banking client, causing a major reduction in banking instructions, and that the corporate team was also under pressure because of staffing changes. It found that the claimant needed supervision and training, particularly for corporate work, at a time when the available senior lawyers had limited capacity.

On the direct race discrimination claim, the tribunal rejected the allegation that the claimant received less favourable treatment through fewer billable hours or a lower hourly rate. It found that her recorded hours varied over time, sometimes exceeding those of other staff, and that Nicole Syradd was not an appropriate comparator because she had longer service and carried over work from her earlier role. It also found that the documentary material showed the claimant was charged out at £260 plus VAT, so the allegation that her rate was set below Ms Syradd's was not made out.

The tribunal accepted the respondent's explanation for ending the contract at the end of March 2023: the reduction in banking work, the claimant's limited experience in the corporate area, and the lack of capacity to continue training and supervising her to the standard required. It dismissed the direct discrimination claim, finding that the claimant had not established even a prima facie case that race played a part in the dismissal. On harassment, the tribunal rejected one alleged remark about Chinese clients' identity documents, but found that Mr Ball did make a racially related remark when the claimant produced research contradicting him. It held that the comment about 'Chinese law' was unwanted conduct related to race, had the requisite effect, and amounted to harassment, while describing the incident as low on the scale of seriousness. This liability judgment does not record any remedy award.