A health and safety executive on the Disney Star Wars production The Acolyte has been awarded £234,110 after an employment tribunal found she was unfairly dismissed for complaining about being replaced by a “white man”.
Background of the Case
Sadi Khan MBE was the first woman of colour to head health and safety on a Disney Star Wars series. However, she was replaced by industry veteran Jay Bond, who was appointed to improve the show’s “dysfunctional” health and safety department. Ms Khan complained that the move was “racist” and said she felt “uncomfortable” being replaced by a “white man”. She also mentioned having had a “few battles with white guys before”. Subsequently, she was dismissed for allegedly harassing Mr Bond.
Tribunal Findings
The tribunal concluded that while the decision to hire a new head of health and safety was not racially motivated, sacking Ms Khan after her complaint was wrong. Employment Judge Andrew Gumbiti-Zimuto stated: “The reason why [Ms Khan] was dismissed is because she made the complaint about the appointment of Jay Bond as Head of Department above her and that she expressed this as discriminatory on the grounds of her sex and race, by referring to him as a white man brought in above her.” The tribunal rejected the contention that her comments amounted to harassment under Disney’s policy.
Ms Khan's Career and Role
Ms Khan, from Nottingham, attended the National Film and Television School to study Production Management. She was awarded an MBE in 2018 for cultural and religious awareness and training and services to the vulnerable. She secured employment with Disney Productions as a health and safety co-ordinator on the set of the live-action Snow White remake from January 2022. In June 2022, she joined Blue Stockings Limited, a UK subsidiary of Disney responsible for making Star Wars show The Acolyte in Shinfield Studios, Berkshire. The Acolyte is a Star Wars series streamed on Disney+ and is regarded as the franchise's most diverse project to date, with both an Asian and a black female lead.
Ms Khan said: “People work 10-15 years within the industry to get onto Star Wars, I had done it less than 6 months, without the completed qualifications.” Her duties included “collating paperwork, accident reporting, booking in and coordinating for training courses, as well as dealing with financial matters and tracking the Department’s budget and spending”. She was paid a weekly rate of £1,875 – higher than even the top range of salaries the role would usually have – and was swiftly promoted to health and safety department manager.
Departmental Issues
However, the promotion caused confusion because Ms Khan did not have the qualifications of a health and safety advisor and did not fully understand the role. Despite that, she acted as if she were head of the department and “no one was telling her otherwise”, the tribunal heard. Complaints were made by some staff about Ms Khan, with one member describing her communication as “bullying”. The health and safety department was underperforming from July 2022 up until an inspection in October, which the tribunal notes was the “catalyst for change”. A meeting on 1 October determined that the “structure” of the department was “wrong” and needed to be changed.
Appointment of Jay Bond
To remedy the “dysfunctional” department, The Acolyte's producers hired Mr Bond. The tribunal heard that he had “many years of experience and was much respected as a Health and Safety Advisor within the film and television industry”. The company had intended to recruit him earlier, but Mr Bond had not been available. However, Ms Khan was unhappy at his appointment because she felt she was being demoted without having done anything wrong. She said: “I told Mr Bond that I found this unfair and that he had to appreciate that as a woman of colour I felt discriminated against.”
Complaints and Dismissal
There was a production meeting on 12 October where it was noted there were “raised voices” as Ms Khan defended herself “forcefully”. She later went to the team's medic “in tears” and complained that “the white man” was being brought in above her. This led Mr Bond to make a complaint against Ms Khan, saying: “I am concerned that I am working alongside someone using highly offensive racial language and that my name is being brought up in racially abusive conversations with my colleagues and who knows how many other people.” An investigation was started, and Ms Khan told the investigating boss that “it was racist to bring Jay in”. When challenged, she said: “I’m an Asian female and they are pushing me out with a white male. If I were to take this further they wouldn’t have a leg to stand on.” She also complained that Mr Bond was being paid more than her, described white people as “you f***ing lot” and said she has “had a few battles with white guys before”.
A disciplinary meeting at the start of November saw Ms Khan say she felt cheated and “uncomfortable” that an “English man” had been brought in above her. Another meeting on 24 November found her guilty of gross misconduct and dismissed. She appealed, but the decision was upheld. Her dismissal letter stated: “During the disciplinary meeting, you confirmed that you had referred to the Head of Department (HOD) Jay Bond, as ‘the white man’ brought in above you, which made you feel uncomfortable. You stated you felt discriminated against due to your race and gender... as they 'bring in a white guy above me, I haven’t done anything f***ing wrong'.”
Tribunal Ruling
Ms Khan took her case to an employment tribunal in Reading, which found that she “completely failed to set out the facts” that there had been a bias in the workplace against her. Therefore, her claims of discrimination, harassment, detriment and unequal pay were dismissed. However, the tribunal concluded that dismissing Ms Khan after she had made an allegation was wrong. The tribunal ruled in favour of Ms Khan's claims of unfair dismissal and victimisation as it related to dismissal. She has been awarded £234,112.66 for the claims. Ms Khan has not worked in the industry since her dismissal.
