UK Hotel Manager Awarded Payout After Discrimination Case

A Malaysian national working without legal authorization in the UK has been awarded over £5,000 following an employment tribunal ruling that found her subject to race, sex, and disability discrimination. Erin Ong, a former hotel manager at the Fisherbeck Hotel in Ambleside, Cumbria, received a total payout of £5,497.

Of the total award, £4,000 was designated for 'injury to feelings.' The tribunal determined that Ms. Ong faced discrimination through being required to work in conditions that exacerbated her asthma, being asked to produce her passport, and her subsequent dismissal for refusing to relocate accommodation. Employment Judge Susan Dennehy stated that these discriminatory actions were not 'inextricably linked' to Ms. Ong's lack of a work permit.

Ms. Ong, who previously worked as a tax consultant for a Big Four accounting firm and ran a restaurant in China that closed due to the COVID-19 pandemic, was contacted via WeChat in March 2023 by Zhiyong Zhou, director of Yatson & Co, the owner of the Fisherbeck Hotel. She was offered the role of manager with a salary of £28,000, potentially rising to £30,000 after a probationary period. She was informed that a work permit would be arranged after one month, provided both parties were in agreement, and was provided with single-room accommodation. However, there was no formal contract, and Ms. Ong never received pay slips or wages.

Upon entering the UK on a visitor's visa, Ms. Ong did not possess a skilled worker's visa. Mr. Zhou retained a copy of her passport, acknowledging that certain documentation was required. Ms. Ong, who has had asthma since childhood, found her hotel duties included exposure to triggers such as feather pillows, duvets, and cleaning chemicals, leading to frequent breathing difficulties and the need for her inhaler multiple times a week. In May 2023, she suffered an asthma attack, and her request for sick leave was denied. The tribunal also found that Ms. Ong was the only staff member required to show her passport for wage payments, which was deemed racial discrimination. It was noted that Mr. Zhou had a history of late payments to female staff.

In June 2023, Ms. Ong was dismissed after refusing to move her accommodation from Ambleside to Kendal. The employment tribunal acknowledged that Ms. Ong did not have a work visa and that Mr. Zhou was aware of this. While Ms. Ong proved facts that shifted the burden of proof to Yatson & Co, other claims, including unfair dismissal, unlawful wage deductions, unpaid holiday pay, and further instances of disability and race discrimination, were dismissed. Claims that she was told to eat leftover food, not speak to Chinese guests, or that Mr. Zhou was attempting to enslave her because she was a woman were also dismissed. Judge Dennehy ruled that while Ms. Ong's employment contract was 'tainted by illegality,' the discrimination claims could proceed as they were not inextricably linked to her unlawful employment status. In January 2024, Yatson & Co was fined £10,000 for employing illegal workers.