Zero-hour contract workers awarded £10,728 for racist and sexist abuse by colleagues
Two zero-hour contract workers won race and sex discrimination claims after a manager made racist comments and a colleague subjected a female worker to sexist verbal abuse. The tribunal awarded a total of £10,728 for injury to feelings.
1 min read · Last updated 18 May 2026
Case details
- #race-discrimination
- #sex-discrimination
- #zero-hour-contract
- #injury-to-feelings
- #vento-lower-band
Key facts
- All three claimants were employed on zero-hour contracts and worked on a Hauliers Outreach Programme.
- On 9 December 2020, the second claimant (Mr Butt) was subjected to racist comments by manager Ms Stephens.
- On 9 December 2020, the third claimant (Miss Fountain) was subjected to sexist verbal abuse by the second claimant.
- The claimants were removed from the campaign on 20 December 2020 but remained on the respondent's books.
- The tribunal found no dismissal occurred; the removal was not termination of employment.
- The second claimant's race discrimination claim and the third claimant's sex discrimination claim succeeded.
Timeline
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Claimants start work on HOP campaign
All three claimants began working for the respondent on the Hauliers Outreach Programme (HOP) campaign.
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Meeting with Third Claimant
Regional manager Ms Stephens met with the third claimant to raise concerns about conduct.
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Second claimant's email about Sandy
The second claimant emailed Ms Stephens raising concerns about a colleague named Sandy.
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Second claimant's verbal disclosure to Mr Stoodly
The second claimant verbally complained to Mr Stoodly about Sandy's conduct.
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Incident and disclosures
The second claimant verbally abused the third claimant with sexist comments. The first claimant made disclosures about the incident. The second claimant also made disclosures about the third claimant's conduct.
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Second claimant's email to Mr Stoodly
The second claimant sent an email detailing the third claimant's alleged misconduct, including evidence of sleeping at work.
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Alleged further abuse
The third claimant alleged further verbal abuse by the second claimant, but the tribunal did not find this proven.
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Claimants removed from campaign
The respondent's manager LM verbally informed the claimants they were removed from the HOP campaign.
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Confirmation emails
LM sent emails confirming removal from the campaign, stating they remained on the respondent's books.
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Remedy hearing
The tribunal heard evidence and submissions on remedy for the successful claims.
The legal issue
The tribunal had to decide whether the second claimant suffered direct race discrimination and the third claimant direct sex discrimination due to verbal comments made on 9 December 2020, and whether any dismissal or detriment occurred as a result of protected disclosures or protected acts.
The outcome
The tribunal upheld the second claimant's direct race discrimination claim and the third claimant's direct sex discrimination claim, both arising from incidents on 9 December 2020. All other claims, including unfair dismissal, whistleblowing detriment, and unauthorised deductions, were dismissed.
Compensation:
- Second claimant: £5,364 for injury to feelings (Vento lower band)
- Third claimant: £5,364 for injury to feelings (Vento lower band)
- Total: £10,728
Lessons & takeaways
- Zero-hour contract workers are still protected from discrimination – abusive comments by managers or colleagues can lead to liability.
- Being removed from a specific campaign does not automatically amount to dismissal if you remain on the employer's books.
- Keep a clear record of discriminatory comments and report them promptly to strengthen your claim.
- Tribunals may award injury to feelings even if you are not dismissed, as long as the discrimination itself is proven.
What this case shows in practice
This case highlights that workers on zero-hour contracts are not second-class citizens when it comes to protection from discrimination. The second claimant, a worker of Asian heritage, was subjected to a racist comment by a manager. The third claimant, a female worker, was subjected to sexist verbal abuse by the second claimant. The tribunal found that both incidents on 9 December 2020 amounted to direct discrimination, even though the workers were not dismissed and remained on the respondent's books.
What the losing side could have done differently
Elevate Staffing Ltd could have taken immediate steps to investigate and address the discriminatory comments. Instead, the manager who made the racist remark was not disciplined, and the sexist abuse was not properly dealt with. The employer also failed to provide adequate training on equality and diversity. A clear anti-harassment policy and swift action might have prevented the claims or reduced the compensation.
Why the result matters for similar claims
This case confirms that discrimination claims can succeed even where there is no dismissal. The Vento lower band award of £5,364 for injury to feelings reflects the seriousness of the abuse. Workers on zero-hour contracts should not hesitate to bring claims if they experience discrimination, as the law protects them regardless of their employment status. Employers must ensure that all staff, including temporary or casual workers, are treated with dignity and respect.
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