University of Northumbria at Newcastle (“the University”)
Case Summary
The Employment Tribunal found that the claimant, Professor S. Cang, was treated less favourably due to her Chinese origin and subjected to racial harassment. The claims of wrongful dismissal and compensation for untaken leave were well-founded, while discrimination and harassment based on race were dismissed.
Key Issues
- •direct and indirect discrimination resulting in dismissal and other detriment
- •harassment related to race
- •failure to pay some expenses
Claim Types
Cited Laws and Legal Issues
Employers often act unreasonably, as the volume of unfair dismissal cases demonstrates.
The claims she confirmed to EJ Sweeney she was pursuing are: Direct race discrimination She was treated less favourably than the University treated or would treat a non-Chinese person in similar circumstances as follows: (i) it reported her to the police on 30 November 2018 (ii) it suspended and investigated her for...
Sir Patrick Elias was, in the EAT in a case of race and sex discrimination, Law Society-v-Bahl ,said 93.
Regulation 14 of the Working Time Regulations 1998 (WTR) includes: (1) This regulation applies where – (a) a worker's employment is terminated during the course of his leave year, and (b) on the date on which the termination takes effect ("the termination date
Decision Text
Case Number 2500991 /19 1 EMPLOYMENT TRIBUNALS Claimant Respondent Professor S. Cang University of Northumbria at Newcastle (“the University”) RESERVED JUDGMENT OF THE EMPLOYMENT TRIBUNAL Held at Newcastle On 6-8 &10-20 September 2021 Deliberations 1 October 2021 Before Employment Judge Garnon Members: Ms C. Hunter and Mr S. Moules Appearances Claimant Dr. H.Yu her Husband For Respondent Ms C. Millns of Counsel Interpreter Ms J.Wu on 7,8 and 17 September and Ms.J. Griffin on the other days JUDGMENT The unanimous judgment of the Tribunal is: 1. The claims of wrongful dismissal, failure to pay some expenses and compensation for untaken leave are well founded to the extent explained in the reasons. 2. The claims of discrimination and harassment based on race are not and are dismissed. 3. Remedy will be decided on a date to be fixed. REASONS ( bold print is ours for emphasis italics are quotations and numbers in brackets pages in the trial bundle) 1. Introduction and Issues 1.1. Shaung Cang (“the claimant”), born in China on 7 October 1962, is fluent in Manderin. Whilst she and Mr Yu coped with a preliminary hearing (PH) before Employment Judge (EJ) Speker in English with what appeared to be sufficient understanding, an interpreter was provided for this hearing. We asked the claimant at the outset whether she wanted everything translated or to ask for translation if she had difficulty understanding questions or formula...
Employer
Case Details
- Case Number
- 2500991/2019
- Tribunal
- Employment Tribunal
- Level
- First instance
- Decision Date
- 06/10/2021
- Published
- 01/02/2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Garnon