A Malaysian hotel manager whose immigration status was 'tainted by illegality' has won an employment tribunal after claiming feather pillows and duvets triggered her asthma. Erin Ong is in line to receive compensation for race, sex and disability discrimination during her time at the Fisherbeck Hotel in Ambleside, Cumbria.
Background of the case
The immigrant - previously a tax consultant at PwC - became the hotel's manager in May 2023 despite not having a work permit after entering Britain on a visitor's visa. Ms Ong suffered with asthma since she was five and claimed her duties at the hotel included triggers such as feather pillows, duvets and cleaning chemicals. She was later sacked after refusing to move to a new accommodation - with the case taken to an employment tribunal in Manchester.
Judge's ruling
Employment Judge Susan Dennehy said that the discrimination allegations were not 'inextricably linked' to her working without a permit. She added at a tribunal in Manchester this week: 'I find that being asked to undertake housekeeping duties when suffering from asthma and being exposed to her asthma triggers could amount to unfavourable treatment.'
Details of employment
Ms Ong was first contacted by Yatson & Co director Zhiyong Zhou in March 2023 via WeChat. Yatson & Co owned and ran the Fisherbeck Hotel in Ambleside which had 32 rooms and 11 staff members - whose nationalities included Polish, Latvian, Spanish and Chinese. She was the only Malaysian and was given the title of manager. Mr Zhou said that she would be paid £28,000, rising to £30,000 after a three-month probation period. Ms Ong was also told that she would get a work permit after one month if both parties thought it was suitable and she was given a single room as accommodation. There was no formal contract and she never received any payslip or wages.
Health issues at work
After starting work at the establishment, Ms Ong claimed her airways often became blocked and she found it difficult to breathe - meaning she had to use her inhaler five times a week. During her third week, she suffered an asthma attack and her boyfriend gave her some Chinese medicine. Her application for sick leave was denied. She was also found to have been the only staff member required to show her passport in order to be paid wages which was considered to be racial discrimination. It was found that Mr Zhou had a history of paying the female staff late and that she had never been paid any wages.
Dismissal and tribunal outcome
In June 2023 her accommodation was moved to Kendal, Cumbria, but Ms Ong refused - and was subsequently sacked. The case was taken to an employment tribunal where it was found that she did not have a work visa and Mr Zhou knew this. At the employment tribunal in Manchester she won claims of disability discrimination, sex discrimination, and race discrimination. Her compensation will be set at a later date. In January 2024, Yatson & Co was fined £10,000 for employing illegal workers.
Judge's comments
Employment Judge Dennehy said: 'Ms Ong told me in her oral evidence that she did not have a visa that allowed her to work in the UK. She came to the UK on a visitor's visa from Malaysia. When I questioned Ms Ong as to what she thought her status was whilst she was working at the Hotel she said she "wasn't sure". Mr Zhou told me in his oral evidence that he did not carry out or ask anyone else to carry out an audit of what right to work checks were done to ensure that (Yatson & Co) had conducted right to work checks correctly. Whilst the employment of (Ms Ong) gave rise to a practical opportunity for the alleged acts of discrimination to be committed, I find that the allegations of disability, race and sex discrimination were not inextricably linked to illegal conduct.'
Her claims of unfair dismissal, unlawful deduction of wages, failure to pay outstanding holiday pay, further disability discrimination and further race discrimination were dismissed. Among her unsuccessful claims were that she had been told to only eat leftover food from the buffet, not to speak to Chinese guests and that Mr Zhou was 'trying to brainwash her to become a slave because she was a woman'. Judge Dennehy added: 'I find that (her) employment contract is tainted by illegality and accordingly the claims which rely on a contract of employment, namely automatic unfair dismissal, breach of contract notice pay, arrears of unpaid wages and holiday pay must fail and are dismissed. I find that the claims which are based on tort, unlawful discrimination, disability (with the exception of dismissal), race and sex discrimination (could) proceed as they are not inextricably linked to the illegal conduct.'
