Member J McCullagh Tribunal Member S Larkin Ms Y Zhu v St Andrews Bay Development Limited — 2026

Ms Y Zhu, a Chinese national of Chinese ethnicity, worked for St Andrews Bay Development Limited as Training, Development & Quality Manager at Fairmont St Andrews from 12 September 2024 until her probationary dismissal on 21 February 2025. The tribunal unanimously dismissed her direct race discrimination and victimisation complaints. Her unfair dismissal complaint was dismissed following withdrawal because of her short service. The tribunal resolved all time-limit issues in her favour, treating the orientation training allegation as alleged continuing conduct and proceeding on the same favourable basis for the probation extension complaint.

The tribunal rejected the allegation that Carol-Ann Hibbert had refused to let Zhu deliver orientation training. Alanah Herd retained responsibility because the training formed part of her established role. Zhu could learn the programme and deliver it in Herd's absence. Her newly created managerial role focused on developing and overseeing training across the business. There was no evidence that a non-Chinese employee appointed to that role would have been treated differently.

The extension of probation on 10 December 2024 arose from concerns about progress with new hire checklists, buddy systems, training compliance and engagement with colleagues and leaders. The tribunal considered the failure to follow the new probation review process, the failure to retain Zhu's completed form and her delayed addition to the team WhatsApp group. These irregularities did not, individually or together, support an inference of race discrimination. Herd and Lauren Ryan were not appropriate actual comparators because their circumstances differed materially. A hypothetical employee of another race facing the same concerns would also have had probation extended.

Hibbert's comments on 17 January 2025 could reasonably have been perceived as discouraging Zhu from attending the Savoy training programme. Attendance was not prohibited, and Zhu attended on 28–30 January. The tribunal accepted that the comments arose from her unresolved probationary position and feedback from senior corporate colleagues. It found that race and nationality played no part in the discussion and that a hypothetical comparator in the same circumstances would have received the same treatment.

The tribunal also rejected the allegation that Hibbert declined to investigate or dismissed out of hand Zhu's concerns about Herd on 19 February 2025. Hibbert listened, acknowledged team tensions and discussed possible ways forward. Many incidents were being raised for the first time and concerned events Hibbert had not witnessed. Zhu had not requested a formal investigation or clearly raised a grievance. Even assuming the burden of proof shifted, the tribunal accepted that a hypothetical comparator would have received substantially the same response and that race and nationality played no part.