Racial Discrimination and Breach of Contract against former employee cost The Polly Tearooms nearly £10,000 at a Tribunal

Marlborough’s Polly Tearooms have been fined a total of nearly £10,000 at a recent employment tribunal in Bristol.

The case was bought by a former employee of the Polly, Natalia Zeh, and was heard in May of this year. The findings have just been released.

The Tribunal unanimously judged that the case of race discrimination ‘is well founded and succeeds’, and for that alone the fine amounted to £7,500. Further fines were due to breach of contract and non-payment of outstanding wages.

The case apparently centred on the issue of ‘people smuggling’, and dated back to a period of employment in 2021. It has been reported that Mrs Clarke, proprietor of The Polly Tearooms sent Natalia Zeh, reportedly described by her as “highly inappropriate and racist messages and accused me of smuggling people across the border.”

Further to this, it was alleged that Mrs Clarke wanted Ms Zeh’s passport after she had left the employment and that Mr Clarke ‘accused her of stealing’.

The Judgment of the Tribunal for Case No: 1401468/2022 was:

1. The claim of breach of contract is well founded and succeeds and the respondent is Ordered to pay £480.00 gross
2. The claim for unauthorised deduction of wages is well founded and succeeds and the respondent is ordered to pay the following sums: a. Unpaid tips £78.37 b. Unpaid salary Nil
3. The respondents failed to provide the claimant with a written statement or employment particulars and is ordered to pay the claimant two weeks gross pay pursuant to s.38 EA 2002 being £960.00 gross.
4. The claim of direct race discrimination is well founded and succeeds. The respondent is ordered to pay the claimant compensation of £7500.00 and interest at 8% amounting to £854.771 for injury to feelings.