An employment tribunal has ordered Wimbledon Mosque to pay a former employee more than £25,000 after dismissing her with two days’ notice.
The tribunal found that Roha Dahir was unfairly and wrongfully dismissed and that the charity had subjected her to direct race discrimination and direct sex discrimination.
A trustee of Wimbledon Mosque told Civil Society that the trustees acknowledge the employment tribunal's judgment for unfair dismissal and breach of contract. However, the board strongly disagrees with the sexual and racial discrimination judgment in respect of the dismissal, and has appealed the judgment.
Dahir was 21 years old when she was dismissed in May 2021 and had a gross weekly pay of £110, tribunal documents state.
Wimbledon Mosque was instructed to pay Dahir compensation for unlawful discrimination of £24,878, which includes £11,110 for injury to feelings and aggravated damages plus £2,657 in interest, and £9,924 in lost earnings plus interest of £1,188.
The charity was also told to pay a basic award for unfair dismissal of £165, a compensatory award for unfair dismissal of £550, along with damages for wrongful dismissal of £362.
The tribunal was mindful of the fact that Wimbledon Mosque, which recorded an income of £140,000 in the year to March 2023, is a small organisation which adopted a “fairly casual approach” to its employment obligations.
Tribunal findings
The tribunal determined that there had been a potentially fair reason for Dahir’s dismissal, but her sex and race were both contributing factors.
It found the sudden dismissal decision impacted Dahir’s sense of identity and self-esteem and caused her worry, upset and hurt including some difficulty with sleeping.
The tribunal also accepted her evidence that the fact of the dismissal decision not being communicated to her directly, added insult to injury.
“We recall that this dismissal was in respect of the claimant’s first ever job, which she had commenced before she had even turned 18 years old and which she had carried out for nearly four years,” it says.
“We find that these circumstances increased the sense of hurt and rejection which she felt.”
“We accept that the claimant’s dismissal, which was completely unexpected, dented her confidence and led to a less trusting stance towards others and that this had an impact on her ability to forge new friendships, to socialise and to present herself confidently in job search situations.”
The tribunal did not accept that the discrimination inflicted deep wounds, resulting in profound impacts nor that it stifled Dahir’s aspirations and ability to develop and evolve, as she had claimed.
It also did not accept her evidence that the race discrimination instilled feelings of shame in her and hindered her ability to express her identity, including aspects of her cultural heritage.
Wimbledon Mosque
Talat Malik, trustee of Wimbledon Mosque, said: “The Mosque trusteeship acknowledges the employment tribunal's judgment for unfair dismissal and breach of contract; however, it strongly disagrees with the sexual and racial discrimination judgement in respect of the dismissal.
“The Mosque has appealed the judgment after seeking legal advice on the points of law. The new management at the Mosque will be ensuring there are sufficient processes and governance to address the shortcomings that resulted in the unfair dismissal.
“Regardless of how the entire process is eventually concluded, the primary goal of the Mosque trusteeship and management is to look to the future and make the necessary positive changes.”
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