Mr A Shah and Mrs S Shah v Dunfermline Mosque & Islamic Centre and others: 4121879/2018
| Jurisdiction | England & Wales |
| Judgment Date | 20 January 2021 |
| Citation | 4121879/2018 |
| Court | Employment Tribunal |
| Published date | 28 April 2021 |
| Subject Matter | Unfair Dismissal |
EMPLOYMENT TRIBUNALS (SCOTLAND)
Case No: 4121879/2018
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Held in Edinburgh on 17, 20-23 January, 26-27 November, 1-3, 7-10 & 13
December 2020
Employment Judge Sangster
Tribunal Member Lawson
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Tribunal Member Watt
Mr A Shah First Claimant
Represented by:
Mrs D Reynolds
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Solicitor
Mrs S Shah Second Claimant
Represented by:
Mrs D Reynolds
20
Solicitor
Dunfermline Mosque & Islamic Centre First Respondent
Represented by:
Mr A Khan
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Solicitor
Mr A Mohammed Second Respondent
Represented by:
Mr A Khan
30
Solicitor
Mr M Sharif Third Respondent
Represented by:
Mr A Khan
35
Solicitor
Mr M Akbar Fourth Respondent
Represented by:
Mr A Khan
40
Solicitor
Mr M Irshad Fifth Respondent
Represented by:
Mr A Khan
45
Solicitor
4121879/2018 Page 2
Mr M Ramzan Sixth Respondent
Represented by:
Mr A Khan
Solicitor
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JUDGMENT OF THE EMPLOYMENT TRIBUNAL
The unanimous judgment of the Tribunal is that:
• The First Claimant was unfairly dismissed. The respondents are ordered to
pay to the First Claimant the sum of £21,320.88 by way of compensation. The
Employment Protection (Recoupment of Benefits) Regulations 1996 do not
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apply to this award;
• The First Claimant experienced harassment related to religion during his
employment. The respondents are liable for this and are ordered to pay the
First Claimant the further sum of £3,000.00, plus interest of £640.44 by way
of compensation for injury to feelings;
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• The respondents made an unauthorised deduction from the First Claimant’s
wages and are ordered to pay the First Claimant the gross sum of £1,100.00,
in respect of the amount unlawfully deducted;
• The respondents were in breach of contract by dismissing the First Claimant
without notice. The respondents are ordered to pay the First Claimant the
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sum of £1,811.95 as damages for breach of contract;
• The First Claimant’s remaining claims for direct discrimination because of
race and disability, harassment related to religion and for holiday pay do not
succeed and are dismissed;
• The respondents made an unauthorised deduction from the Second
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Claimant’s wages in relation to holidays and are ordered to pay the Second
Claimant the gross sum of £220.00, in respect of the amount unlawfully
deducted;
• The respondents were in breach of contract by dismissing the Second
Claimant with only one week’s notice. The respondents are ordered to pay
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4121879/2018 Page 3
the Second Claimant the sum of £333.33 as damages for breach of contract;
and
• The Second Claimant’s remaining claims for direct discrimination because of
her husband’s race and disability and unauthorised deductions from wages
in relation to pay arrears do not succeed and are dismissed.
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REASONS
Introduction
1. The First Claimant presented a complaint of unfair dismissal, direct
discrimination because of race and disability and harassment related to
religion and belief. The Second Claimant brought claims of direct
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discrimination because of her husband’s race and disability and her
association with him. Both claimants also brought claims for notice, holiday
pay and arrears of pay. The respondents admitted that the First Claimant had
been dismissed, but stated that the reason for dismissal was SOSR, which is
a potentially fair reason for dismissal. The respondents maintained that they
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acted fairly and reasonably in treating redundancy as sufficient reason for
dismissal. The respondents denied that the claimants had been discriminated
against and that any further sums were due to them.
2. The claimants gave evidence on their own behalf and led evidence from:
a. Iftikhar Choudhary (IC), former member of the First Respondent; and
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b. Khalid Hussain (KH), former member of the First Respondent.
3. The respondents led evidence from:
a. The Second Respondent, Ajaz Mohammed, Chair of the First
Respondent;
b. Miss Iffat Rafeeq (IR), former teacher at Kirkaldy Mosque and self-
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employed teacher in Islamic studies and women’s health and
wellbeing; and
c. Mr Mohammed Hammad (MH), former Imam of Kirkaldy Mosque.
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