Claimant v Beijing Buffet Restaurant Limited T/A Yo Yo In Beijing
Outcome
Individual claims
On 26 December 2021, Mr Huang shouted at the Claimant in her workplace, pointed his finger at her, used the F-word and a Mandarin term historically referring to female genitalia. The tribunal found this unwanted conduct was related to sex, violated the Claimant's dignity and created a hostile environment. The incident was unprofessional, disrespectful, angry and aggressive, occurring in front of colleagues and customers. The Claimant suffered lasting distress, anxiety, and physical symptoms requiring medical treatment.
Facts
The Claimant, a Chinese woman employed as a Dessert and Sushi Chef at a buffet restaurant, was subjected to an angry, aggressive outburst by the restaurant manager Mr Huang on 26 December 2021. He shouted at her in front of colleagues and customers, pointed his finger at her, used the F-word and a Mandarin term historically referring to female genitalia. The Claimant was deeply distressed, suffering anxiety, panic attacks, palpitations and inability to sleep. She required medical treatment including beta blockers, anti-anxiety medication and talking therapy, and was certified unfit for work from 27 December 2021 to 24 April 2022.
Decision
The tribunal found the First Respondent liable for unlawful harassment related to sex under the Equality Act 2010 s.26(1). Mr Huang's conduct violated the Claimant's dignity and created a hostile environment. The tribunal awarded £7,000 injury to feelings (lower Vento band), £4,512.78 loss of earnings for the period she was unfit for work, £600 for failure to provide written particulars of employment, and £1,569 interest, totalling £13,681.78. The claim against the Second Respondent was dismissed.
Practical note
A single incident of angry, aggressive behaviour involving vulgar language with sexual connotations, even if not intended as harassment, can constitute unlawful harassment if it relates to a protected characteristic and creates a hostile environment, with awards reflecting both injury to feelings and consequential ill-health.
Award breakdown
Vento band: lower
Award equivalent: 45.6 weeks' gross pay
Legal authorities cited
Statutes
Case details
- Case number
- 2601060/2022
- Decision date
- 20 February 2024
- Hearing type
- full merits
- Hearing days
- 3
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- Yes
- Rep type
- lay rep
Employment details
- Role
- Dessert and Sushi Chef
- Salary band
- £15,000–£20,000
- Service
- 8 months
Claimant representation
- Represented
- No