In the case of Ms M F v Stay Safe East a charity was ordered to pay a black employee £15,000 for direct race discrimination after paying her less sick pay than other employees.
Ms MF, of Afro-Caribbean heritage, was on sick leave from the charity Stay Safe East for eight weeks in 2022 due to a lupus flare-up. The charity, which supports disabled women who are survivors of hate crime, abuse, and harassment, had a discretionary scheme for full sick pay. However, while white employees received full sick pay, Ms MF was only given statutory sick pay (SSP), despite the charity knowing she was financially struggling. The tribunal ruled this as direct race discrimination.
Ms MF, who started working for the charity in April 2019, had informed them of her lupus condition from the beginning. The tribunal found that the charity did not provide Ms MF with the correct contract or employment confirmation letter, which resulted in incorrect recording of her working hours.
In May 2022, Ms MF’s aunt passed away, and she travelled to the Caribbean for the funeral, during which she experienced a lupus flare-up due to stress. She was signed off sick for eight weeks, during which the charity paid her SSP, claiming her employment status did not qualify her for full sick pay due to her tenure being under three years.
The tribunal noted the charity’s discretionary scheme for full sick pay in cases of financial difficulty and highlighted that this discretion had been applied to other employees, including a white employee with autism. The tribunal found no obligation for employers to provide discretionary full sick pay but ruled it could not be applied discriminatorily based on protected characteristics.
The charity was ordered to pay Francois £15,000, including £7,500 for injury to feelings and £6,000 for wage deductions and interest.
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