The Bronze Spoon Ltd

Case Summary

Miss A Khan, a Muslim employee, claimed direct discrimination on grounds of religion, race and age, and automatic unfair dismissal following her dismissal from The Bronze Spoon Ltd. The tribunal found all discrimination and unfair dismissal claims not well-founded, but upheld her claim for breach of contract in relation to notice pay, awarding £223 representing one week's notice pay.

The tribunal found that the claimant was not required by the respondent to sell alcohol but chose to do so; there was no less favourable treatment on grounds of religion, race or age; and the claimant's concerns about health and safety were not voiced in the manner alleged, so automatic unfair dismissal did not apply. However, the claimant was entitled to one week's notice pay under her contract, which was not paid, constituting a breach of contract.

• •Direct discrimination because of religion or belief (requiring claimant to sell alcohol contrary to Muslim beliefs)
• •Direct race discrimination (alleged preferential treatment of Portuguese-speaking employees)
• •Direct age discrimination
• •Automatic unfair dismissal
• •Wrongful dismissal / breach of contract (notice pay)

PHCM Order 1 of 20 September 2023 EMPLOYMENT TRIBUNALS Claimant: Miss A Khan Respondent: The Bronze Spoon Ltd Heard at: Reading in public On: 9, 10, 11 February 2026 and 12 March 2026 Before: Employment Judge C McCooey Tribunal Member C Whitehouse Tribunal Member C Baggs Appearances For the claimant: In person For the respondent: Mr Lanre Fakunle, Solicitor, Peninsula JUDGMENT having been given orally to the parties on 12 March 2026 and reasons having been requested orally by the claimant at that hearing, in accordance with Rule 60(3) of the Employment Tribunal Procedure Rules 2024: JUDGMENT 1. The complaints of direct age and race discrimination and discrimination on the grounds of religion or belief are not well-founded and are dismissed. 2. The complaint of automatic unfair dismissal is not well-founded and is dismissed. 3. The complaint of breach of contract in relation to notice pay is well-founded. 4. The respondent shall pay the claimant £222.81 as damages for breach of contract. This figure has been calculated using gross pay to reflect the likelihood that the claimant will have to pay tax on it as Post Employment Notice Pay. WRITTEN REASONS Introduction PHCM Order 2 of 20 September 2023 1. The claims were presented on 2 July 2024. Early conciliation took place between 31 May 2024 and ended on 4 June 2024. The Respondent filed a response defending the claim on 27 May 2025. The final hearing was heard across four days. Procedure 2. Relevant points of procedure are contained in the CMO dated 11 February 2026. 3. We considered a 183-page bundle, along with additional documents adduced by agreement during proceedings, including a full copy of the claimant’s work rota from the respondent. 4. We considered witness statements from the claimant, her mother, her friend and her former colleague. We also considered a witness statement f…