Highlights
- Ong was made to work in conditions that triggered her asthma despite suffering from it since age five.
- She was the only staff member required to show her passport to receive wages.
- She was sacked after refusing to move accommodation, having never received any wages.
Ong, who is well-educated and previously worked as a tax consultant at one of the big four accounting firms, was contacted by Zhiyong Zhou, director of Yatson & Co, which owned and ran the hotel.
She was offered the role of manager on a salary of £28,000 a year, with a promise that a work permit would follow after one month.
There was no formal contract signed between the two parties, and she never received a payslip or any wages throughout her time there.
She entered the UK on a visitor's visa and did not hold a skilled worker's visa. Zhou kept a copy of her passport, saying he knew "something was required."
Ong had suffered from asthma since she was five years old, yet her daily duties included handling feather pillows, feather duvets and cleaning chemicals, all known triggers for her condition.
As a result, she had to use her inhaler five times a week just to manage her breathing. In May 2023, during only her third week at the hotel, she suffered a full asthma attack.
Her boyfriend gave her Chinese medicine to help. When she applied for sick leave, her request was denied.
Discrimination claims upheld
The tribunal found that Ong was the only member of staff required to show her passport before being paid her wages. This was ruled as racial discrimination.
In June 2023, her accommodation was moved from Ambleside to Kendal without her agreement. When she refused to make the move, she was dismissed from her position.
She took her case to the Manchester employment tribunal, where she won on three counts, disability discrimination, sex discrimination and race discrimination. Her compensation amount is to be decided at a later hearing.
Employment Judge Susan Dennehy said the discrimination allegations were not "inextricably linked" to her working without a permit.
This meant that her illegal employment status did not prevent her from seeking justice for the way she was treated.
The judge noted that being asked to carry out housekeeping duties while suffering from asthma and being exposed to known triggers could amount to unfavourable treatment.
In January 2024, Yatson & Co was separately fined £10,000 for employing illegal workers.
