Want to talk to an expert employment law solicitor?

You'll receive a callback from a specialist within an hour

In the case of Pasha v Elaine Investment Management Ltd & Zhang ET/2208469/2016 the Employment Tribunal found that the CEO of the employer had subjected the then-Managing Director to race-related harassment and had also dismissed him for a discriminatory reason.

Factual background in Pasha v Elaine Investment Management Ltd & Zhang

Mr Pasha, an accountant with 30 years’ experience who holds a British passport but is of Pakistani national heritage, commenced Elaine Investment Management Ltd (“EIML”) on 15 August 2016 (with an initial probation period of 6 months); prior to joining the company he undertook an interview with the CEO of EIML, Elaine Zhang, on 9 June 2016.

On one of the first days of Mr Pasha’s employment he was told by Ms Zhang, who is Chinese, that Pakistanis, Indians and Chinese were able to work together because they were all “crooked”. Mr Pashsa was surprised and upset by this comment, although he did not complain at the time, as he took great pride in his integrity, which is an essential quality for an accountant. He did, however, correct Ms Zhang’s characterisation of Pakistanis at the time and explain that he was a man of integrity.

During the first few weeks of Mr Pasha’s employment Ms Zhang became disillusioned with his performance – she asserted that he was supposed to ‘clock in’ with her at 9am and ‘clock out’ by contacting her at 6pm (and she asserted he had not done so), that his typing was not up to speed, that he had allegedly embellished his CV, and that he was allegedly slow to chase up voice messages that she left.

On 7 September 2016 at around 5pm Mr Pasha had a telephone conversation with Ms Zhang. In this telephone conversation they discussed Ms Zhang’s request for him to source a particular letterbox for EIML’s property in Lancaster Gate. This had been ordered but had not arrived. Mr Pasha sensed Ms Zhang’s frustration over the telephone, which culminated in her telling him “you Pakistanis are completely useless. You are wasting my money and wasting my time”. She then instructed Mr White, the Office Manger, to dismiss Mr Pasha.

Mr Pasha subsequently made Employment Tribunal claims for ace-related harassment and direct race discrimination (arguing that his dismissal was discriminatory).

The Employment Tribunal’s decision

The Employment Tribunal upheld Mr Pasha’s claims for race-related harassment and direct race discrimination.

With respect to Mr Pasha’s claim of race-related harassment, the Tribunal held that the comments by Ms Zhang in August 2016 (that Indians, Pakistanis and Chinese were crooked) and 7 September 2016 (“you Pakistanis are completely useless. You are wasting my money and wasting my time”) had occurred as Mr Pasha had alleged and, further, that they were comments which were related to Mr Pasha’s race and reasonably had the effect of violating his dignity.

With regards to the claim of race discrimination, the Employment Tribunal held that, although it accepted that Ms Zhang had taken issue with some aspects of Mr Pasha’s performance, her view of Mr Pasha was “infected” by her stereotyping of him in accordance of her perception of his race (and that she believed that “Pakistanis are completely useless”). The Tribunal therefore found that the burden of proof had passed to EIML and Ms Zhang to show that Mr Pasha’s race played no part in his dismissal; the Tribunal found there was insufficient evidence to discharge this burden of proof.

Our solicitors’ comments

Chris Hadrill, a specialist employment solicitor at Redmans, commented on the case: “This case shows that companies must be careful to ensure that employees – even senior employees – are subjected to equality and diversity training, and that stereotypical assumptions are not made of colleagues based on their race (or any other protected characteristic). ”

The Employment Tribunal’s judgment in Pasha v Elaine Management Limited & Zhang can be found here.

About

Redmans Employment Team deal with employment matters for both employers and employees, including drafting employment contracts and policies, advising employers and employees on compromise agreements, handling day-to-day HR issues, advising on restructures, and handling Employment Tribunal cases for both employers and employees Call 020 3397 3603 to speak to one of the members of our employment team or email us on enquiries@redmans.co.uk. Redmans have offices in Richmond, Chiswick, Hammersmith, Fulham, Kingston, Wimbledon, Ealing, Kings Cross and Marylebone (meetings strictly by appointment only).

Want to talk to an expert employment law solicitor?

You'll receive a callback from a specialist within an hour

Share →

Our awards

Request a callback

    Your first name (required)

    Your last name (required)

    Your email (required)

    Your telephone number (required)

    Brief details of your enquiry

    Contact us

    Please feel free to discuss your own position and concerns. Contact your nearest office on:

    T: 020 3397 3603
    E: enquiries@redmans.co.uk
    W: www.redmans.co.uk

    Testimonials

    4.78 Average

    265 Reviews

    Alison M

    Very happy with the advice I received

    Posted 13 hours ago

    Margaret A

    I found everything about the company to be extremely professional and efficient. During my initial contact with Chris, he listened well and was reassuring, so I felt confident that my case would be well handled. Caroline was excellent at explaining all the legal points and answering my questions, as well as being very supportive and understanding throughout the process. I would definitely recommend this company.

    Posted 13 hours ago

    Sanja K

    Very efficient and professional service.

    Posted 14 hours ago

    Anonymous

    I found the advice I was given by Redmans Solicitors to be clear and useful and found the solicitor on my case to be both knowledgeable and approachable.

    Posted 5 days ago

    Karen T

    Great service. Thank you.

    Posted 6 days ago

    Anonymous

    Excellent service from Chris & Mel Chin. The best outcome was achieved from the redundancy process. They were extremely thorough, listened carefully and acted swiftly on my behalf. I highly recommend Redmans Solicitors

    Posted 1 week ago

    Shanine M

    Excellent service, thank you so much!

    Posted 1 week ago

    Anonymous

    I found Caroline and Chris very Helpful and provided excellent service. Caroline especially provided great legal advice and made me feel at ease with the whole process. I would highly recommend them. Thank you!

    Posted 1 week ago

    Gayle B

    Excellent company very professional would definitely recommend

    Posted 1 week ago

    Alex K

    Redmans provided an excellent service, timely and effective. Will definitely recommend.

    Posted 1 week ago

    Anonymous

    Great job done on my employment law

    Posted 1 week ago

    Dominica S

    Caroline & Chris were very prompt and efficient.Very happy with the service and will definitely recommend Redmans Solicitor to everyone !

    Posted 1 week ago

    Sandra K

    If you are looking for a group of solicitors who are Professional, Caring and on point, then look no futher than Redmans. I was literally hand held through out my case. Can not find fault with this company, very happy with the result and the service i received. Would highly recommend Redmans.

    Posted 1 week ago

    Anonymous

    I found dealing with Redmans a pleasure. I got to speak to someone quickly, the advice was profferred promplty and the service was not 'pushy'. In addition, the administration was excellent. What more could you ask for?

    Posted 1 week ago

    ALISDAIR L

    Redmans did a brilliant job regarding my redundancy agreement. I miss read an extra charge which wasnt the case so doing a new review to clarify. I would recommend Redmans for any employment law issues you may have.

    Posted 1 week ago

    Christos G

    Great legal advice and quick correspondence. Very supportive and helpful through the entire process. Thank you Redmans!

    Posted 2 weeks ago

    Anonymous

    Chris Hadrill advised me on a redundancy settlement agreement. He was very responsive, easy to deal with and gave me good advice at a stressful time.

    Posted 2 weeks ago

    Zara M

    Rana at Redmans gave me support and confidence I needed to ensure a wrong, was put right. I couldn’t recommend enough.

    Posted 2 weeks ago

    Stuart T

    Chris provided an excellent service, he was efficient and friendly and I had no doubt when recommending him to my colleagues

    Posted 2 weeks ago

    Anonymous

    Excellent service, prompt responses. Chris Hadrill provided excellent and efficient service.

    Posted 2 weeks ago

    Jane M

    Wonderful solicitors who really listen to you and who are there to offer expert legal advice but they also have a personal touch and you really feel supported both from a legal aspect but also from a personal aspect. They really listen .

    Posted 2 weeks ago