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 name

Your email

Your telephone number

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

143 Reviews

Liz P

An excellent professional service was provided by Chris Hadrill and Mel Chin. Efficient and trustworthy - would highly recommend this company.

Posted 2 weeks ago

Anonymous

Redmans Solicitors were great. They were able to advice me quickly and efficiently! I would recommend them, as a good solicitors to use.

Posted 2 weeks ago

Anonymous

Extremely efficient. Mel made a difficult situation bearable and gave good clear guidance thoughout.

Posted 3 weeks ago

Anonymous

Thanks Chris and Sacha I was reassured throughout the process and a happy outcome

Posted 3 weeks ago

Edward F

Good and clear employment advice

Posted 3 weeks ago

Richard O

Chris at Redmans is my go-to legal expert when it comes to employee-related matters. His depth of knowledge, experience and considered approach to problems and their solutions is highly valuable. I cannot recommend Redmans highly enough.

Posted 1 month ago

Rory Y

They provide me with timely and clear advice!

Posted 1 month ago

Steven C

Redmans handled my settlement with my employer quickly, decisively and to a standard that I was very happy with. I would in similar circumstances contract them again

Posted 1 month ago

Deepthi K

Transparent. Clear communication. Prompt reply’s. Saves lot of time. Very satisfied.

Posted 1 month ago

Anonymous

Chris and Sacha did a fantastic job and negotiated a significant better settlement agreement

Posted 1 month ago

Dino D

I did get a very swift and god service from Redmans

Posted 1 month ago

Stephanie H

Clear, prompt, effective support from Chris which has been very much appreciated. Thank you again.

Posted 1 month ago

Anonymous

I would highly recommend Redmans Solicitors, the team were very friendly and my case was dealt with professionally and efficiently. Thank you!

Posted 2 months ago

Shane M

Very professional, welcome advice at a crucial time. Always available and reasonable cost.

Posted 2 months ago

Anonymous

My case was relatively straight-forward. But even so, working with Redmans was easy, quick, professional & clear. Many thanks

Posted 2 months ago

Anonymous

The team were very helpful and answered all my questions regarding my redundancy. Initially I had a call with one of the representatives who escalated my request to a suitable employment solicitor. We arranged a call to discuss the settlement and she helped answer all my questions. We then mainly contacted through email which helped resolve the settlement quickly and convently. Thanks for all the help.

Posted 2 months ago

Djaouida T

You have good communication.

Posted 2 months ago

Anonymous

Fast and professional. A highly recommended company for employment related issues.

Posted 2 months ago

Anonymous

Very professional service.

Posted 2 months ago

Brittany

I was very grateful for Redmans to treat my case with respect and discretion. At the time, I was very new to London and it was meaningful to have someone on my side and win the case for me. Without any doubt, I would definitely recommend Redmans Solicitors to anyone who is in need of it.

Posted 10 months ago

Jake L

Chris is very professional and calm. Very attentive and patient, been a positive experience having Chris represent me, and would recommend him.

Posted 1 year ago