Want to talk to an expert employment law solicitor?

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

In the case of Sorby v Bradford Management Services LLP and Debarred, Mr Azeem Akhtar ET1807428/2019 the Employment Tribunal held that an English worker being told that he should “go and work for an English company” amounted to race-related harassment.

The facts in Sorby v Bradford Management Services LLP and Debarred, Mr Azeem Akhtar ET1807428/2019

Colin Sorby (the “Claimant”) commenced working for Bradford Management Services LLP on 15 July 2019 on a zero-hours contract as a production operative.  The Claimant was not a man of particular sensitivities – on one occasion he informed an Asian colleague that he liked curries and was told in reply that this was surprising as English people generally did not like curries. The Claimant, however, took this as simple workplace banter at the time. 

On 16 October 2019 Mr Akhtar called the Claimant to one side in the production area and told him that this was an Asian company and he should go and work for an English company. The Claimant received no apology and no disciplinary action was taken against Mr Akhtar by Bradford Management Services, despite the Claimant raising a complaint.

A meeting took place on 1 November 2019 between Mr Akhtar and the Claimant to discuss performance and attendance issues but little evidence was produced by Mr Akhtar to support these charges, nor any evidence of any disciplinary procedures instigated previously.

On 5 November 2019 the Claimant was told he was being placed “on call” (a euphemism for being dismissed) and asked to clear his locker and hand in property to Bradford Management Services. He was told this action was being taken due to his poor performance and attendance, as well as that the performance concerns were due to him being English and not Asian and therefore didn’t know the cuisine or know how to cook food properly (later found to have emanated from the Second Respondent).

On 12 November 2019 the Claimant lodged a grievance complaining that on 5 November 2019 he was told he would not get anymore work, despite the fact that Bradford Management Services had been hiring new labour.  He considered this was a form of retribution as he had raised concerns about Mr Akhtar complaining about the racist remark – his view was that the treatment he had received was racially motivated and wanted to formally raise his concerns via Bradford Management Services’ grievance procedure.

On 28 November 2019 the Claimant was invited to a disciplinary investigation meeting on allegations that he had committed acts of gross misconduct, but no evidence was provided to him supporting allegations of gross misconduct. No reference was made to the Claimant’s grievance.

The Claimant stated he was not able to attend the disciplinary meeting suggested but offered to attend on 2 December 2019. The Claimant further stated that he considered that he was now being victimised, and that he had suffered a detriment as a result of raising a grievance relating to breaches of the Equality Act 2010.

On 29 November 2019 the company replied to the Claimant, acknowledging the grievance and stating “we will propose a separate meeting to investigate your allegations once our investigations have been concluded in regards to the grievance made against you on 5 November 2019”.  This letter was not received by the Claimant. No action was taken by Bradford Management Services to progress the Claimant’s grievance.  

The Claimant resigned on 10 December 2019 after being told by Bradford Management Services that resigning was the only way that he would get the sums owed to him.

Want to learn more about race discrimination? Read our guide here

The decision of the Employment Tribunal

The Employment Tribunal found in favour of the Claimant on his claims for race-related harassment, victimisation, and direct race discrimination.

Race-related harassment

The Employment Tribunal held that the following conduct amounted to race-related harassment (section 26 Equality Act 2010):

  • Mr Akhtar informing the Claimant that the company was an “Asian company” and that he should go and work for an English company
  • Mr Silva reporting to the Claimant that Mr Akhtar had said to him that the Claimant “was not English and he could not cook Asian food properly”

Please click here if you would like to read more about the law on workplace harassment

Direct race discrimination

The Employment Tribunal held that the following conduct amounted to victimisation (section 13 Equality Act 2010):

  • Mr Akhtar informing the Claimant on 5 November 2019 that he would be placed “on call”, with the effect that he would get no more work

Victimisation

The Employment Tribunal held that the following conduct amounted to victimisation (section 27 Equality Act 2010):

  • The Claimant being dismissed from his employment because he had complained that he was being discriminated against

Please click here if you would like to read more about the law on workplace victimisation

Our lawyers’ views on the case

Chris Hadrill, Partner in the employment team at Redmans, commented as follows: “It is clearly inappropriate for a worker to be told to go and work for a company of a different nationality, simply due to their own nationality. Equally, companies should investigate grievances thoroughly and impartially, and a failure to do so may require some difficult explanations at an Employment Tribunal”.

The decision of the Employment Tribunal in Mr Colin Sorby v Bradford Management Services LLP and Debarred, Mr Azeem Akhtar – ET1807428/2019 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

    Testimonials

    4.81 Average

    313 Reviews

    Anonymous

    Sacha was very thorough and very helpful, with great advice on when to act and when to wait on my case.

    Posted 2 days ago

    Anonymous

    I have been very pleased with the support I got from Redmans Solicitors on my case with my employer. Caroline has always helped me to put things in perspective and showed me different scenarios ultimately to help me taking the right decision. She was very professional and always available when I needed, and at the same time also emphatic which I found also really important to establish a strong relationship. Will definitely recommend!

    Posted 4 days ago

    Anonymous

    Prompt and efficient response to my enquiries. Excellent negotiating skills with my employer which considerably improved the terms of my settlement agreement.

    Posted 4 days ago

    Anonymous

    Very quick and professional service , Rana was very helpful

    Posted 5 days ago

    James G

    Very professional, knowledgeable and kept me informed at every stage of my case. I would highly recommend Redmans.

    Posted 6 days ago

    Pravina P

    Chris was really good and help solve my issues with current company. I would recommend him to anyone.

    Posted 1 week ago

    Paul L

    Sacha was extremely helpful in my matter. I would not hesitate you use Sacha or Redmonds again. Everyone was very helpful.

    Posted 2 weeks ago

    Monique N

    I had Mel Chin helping me with a settlement and she was very professional and reliable throughout my case. Mel provided me with a good understanding of what was happening and gave suggestions on routes I could take. My case was resolved and closed promptly although the opposing side were very difficult to deal with. A very big thank you to Mel and Chris.

    Posted 2 weeks ago

    Jackie C

    My first ever experience needing the services of a solicitor; cannot speak highly enough of Mel and Chris’s personable, reassuring and straight to the point advice in dealing with my settlement agreement. They put me at ease during an extremely stressful time. I am equally as happy with the outcome, as l am their professional services.

    Posted 3 weeks ago

    ""

    Really happy with the service. All very efficient. Mel rattled through things very fast, however was great whenever I needed to stop and ask a question! Would definitely return to Redmans if I ever needed Legal advice.

    Posted 3 weeks ago

    Peter F

    Very helpful and clear advice, would highly recommend.

    Posted 3 weeks ago

    William A

    Second time I have had to use Redmans. They did not disappoint. They are fast , efficient and friendly. I have already recommended them to friends and colleagues. I hope I dont have to use them again but if I have to , they are the solicitors for me.

    Posted 3 weeks ago

    Fleeta C

    Great service with tantastic communications. The solicitor responsible is extremely knowledgeable and was responsible for bringing a timely and desired solution.

    Posted 3 weeks ago

    Veronica M

    Extremely helpful, starting from a request for advice at very short notice, to dedicating time for me to understand and review all documents thoroughly.

    Posted 3 weeks ago

    Sophie R

    Very efficient and professional service. Chris was very empathetic, knowledgeable and personable. Highly recommended.

    Posted 1 month ago

    Melanie M

    Very happy with the detailed advice provided from Redmans. They also helped me to secure a higher settlement than originally offered by my employer and were extremely diligent. I first spoke with Chris at relatively short notice and then Sacha dealt with my case. Would definitely recommend and use again in the future if needed.

    Posted 1 month ago

    Anonymous

    Redmans helped me with a work related issue, which was resolved quickly and professionally. I would definitely recommend this company.

    Posted 1 month ago

    James F

    Great people, really friendly and professional helped with everything that I needed.

    Posted 1 month ago

    Anusha S

    My case was handled by Sacha who was very thorough and helped me to achieve a good outcome with my employer. Sacha was very personal, professional and helped me during quite a stressful time, so I am hugely grateful to her and to Redmans. This was my first time engaging with a law firm so I wasn't sure what to expect but I can definitely say that it was a good experience overall and I ended up better off due to having the help of an experienced and proactive solicitor on my side.

    Posted 1 month ago

    Diane P

    So grateful that I contacted Redmans to deal with my Redundancy Agreement. Everything from the initial call to the completion of the matter was professional, efficient and effective. I was listened to, had everything explained simply and kept informed of every step. I received super advice and the costs were very competitive. I would highly recommend them to anyone seeking similar help. First class service - thank you

    Posted 1 month ago

    Chris L

    It was a very efficient and effective service - Would recommend.

    Posted 1 month ago