A man who worked for a curry supplier has won a race discrimination claim after being told he did not understand recipes because he was white.

Mr Sorby worked for Bradford Management Services at Mumtaz Foods in Bradford, which supplies meals to Indian restaurants and supermarkets. He complained about the comments, accusing his managers of making a “stereotypical assumption” that he could not cook Asian food properly because he was British.

After he raised the issue, his shifts began to dry up and he was placed “on call”, asked to empty his locker and return property belonging to the company, effectively rendering him dismissed.

He was also advised to look for another job as he would not be offered any further work.

According to the tribunal, his supervisor Mr Akhtar, a director of Mumtaz Foods, had told him that “this is an Asian food company, you have to work faster”, an incident that prompted Sorby to text the HR department and ask them to address it with Akhtar.

Sorby later raised a grievance in November 2019, claiming he had tried to resolve matters with HR manager Mr Silva earlier but without success, and that he considered his treatment racially motivated.

The tribunal noted a number of issues with the disciplinary procedure at Mumtaz, including inviting Sorby to a gross misconduct meeting relating to an incident in the work canteen without first interviewing witnesses, Sorby failing to receive notification of this meeting and no action to progress his own complaint.

It also found no evidence that employees were inducted in or trained in equality and diversity, or any measures to monitor the performance of diversity measures in the workplace.

In a meeting with HR, he was told he would no longer receive shifts because of his performance, despite there being no previous mentions of problems with him following recipes. He worked considerable hours on a zero-hours contract, and was told he would have to resign to receive his “week-in-hand” pay that the company withheld from production operative workers until they resigned.

In the judgment, employment judge TR Smith, said: “The comment was not trivial or unintended and Mr Akhtar’s intention was to try and persuade the claimant to leave the First Respondent’s [Akhtar] employment.

“The tribunal is satisfied that Mr Akhtar called the Claimant to one side in the production area on 16 October 2019 and told the Claimant that this was an Asian company and he should go and work for an English company.”

The tribunal upheld Sorby’s claims for racial discrimination, harassment and victimisation. Compensation will be awarded at a remedy hearing, a date for which is yet to be fixed.

Personnel Today
January 2021

Nestlé UK Ltd has been sentenced for breaching health and safety regulations after an employee was dragged into a machine on the production line of their Albion Mills site in Halifax.

Bradford Crown Court heard how on 13 February 2016, while observing the operation of the After Eight production machine, the technical operator placed his right hand close to a gap in the machine housing. An emery cloth held in his right hand was dragged into the machine taking his arm with it.

The employee was unable to reach any of the emergency stop buttons located around the machine from the position in which he was trapped. He had to be released from the machine by paramedics. He suffered a double compound fracture to his arm, which required surgery.

The HSE’s investigation found the company had failed to prevent access to dangerous moving parts of the machine, namely an ‘in-running nip’. There was a gap large enough to allow access at a belt conveyor entry on the After Eight line.

Nestle UK Ltd of City Place Gatwick pleaded guilty to breaching Regulation 11 of the Provision and Use of Work Equipment Regulations 1998. They were fined £640,000 and ordered to pay £26,234 in costs.

Speaking after the hearing, HSE inspector Jacqueline Ferguson said: “This is a tragic incident that could so easily have been avoided. The risks inherent in failures to properly guard dangerous parts of machinery are well known in industry and to Nestlé.

“Companies should be aware that HSE will not hesitate to take appropriate enforcement action against those that fall below the required standards.”

HSE
January 2021