Mployment Law (see the questions on the order instructions box)

Use Equality Act 2010

CASE STUDY
Answer the question which relates to the case study below.

(Word limit a 1000 words)


CafA© Cancun is a Mexican restaurant in Islington. It specialises in Mexican dishes. Most of its employees are Mexican. The chef is renowned for her Mexican food and the owner, Gonzales Rodriguez, prides himself on providing an authentic Mexican experience. All the waiters are Mexican or Spanish, apart from Sarah Woods. Initially, she was employed as a kitchen porter, working in the kitchen chopping vegetables, cleaning the kitchen and washing dishes. She made some progress in the kitchen, and after a few months moved to chefas assistant, helping with food preparation. After some nine months in that role, she asks Rodriguez if she can get some experience a?front of housea. As she has a dark complexion and dark hair a and therefore looked Mexican Rodriguez was happy to transfer to a waiteras job, particularly as she has said that she was able to speak Spanish.

Woods worked well as a waiter, and was popular with customers. However, Rodriguez soon realized that she was not fluent in Spanish. She had got by in the kitchen with a few key words but was not able to hold a conversation when Rodriguez spoke to her in Spanish. It was clear that he found this irritating, and even though he can speak excellent English, he made a point of giving her instructions in Spanish. This resulted in some mistakes with customersa orders.
Rodriguez also held conversations in Spanish with the other waiters, laughing and joking with them. The other waiters told him they were not happy working with Woods because she was not Mexican. They were also unhappy about her religion. They are all Catholic. She did not discuss her religious beliefs at work but had disclosed, when asked, that she was a Pagan.
After three weeks, Rodriguez called Woods into his office. He told her that the waiteras job was not working out and that, as her job in the kitchen had now been filled, she would have to leave. When she asked what the problem was, Rodriguez became angry and told her to a?just leavea?.
Woods has submitted an employment tribunal claim, claiming unfair dismissal, and race and religious discrimination. Rodriguez has completed an ET3 in response, stating that Woods was a?was not up to the joba? and had caused problems because she did not get on well with the other staff.

Question
Advise Rodriguez on the merits of Woodsa unfair dismissal claim.
In particular, explain the issues relating to the unfair dismissal claim, and whether or not Woods potentially has a case.
Briefly explain, also, how an employment tribunal would deal with the allegations of race and religious discrimination.


Assessment criteria for case study:
(use this as a checklist before submission)

Your answer for the case study should include:
a ? An explanation of the relevant law including case law
a ? Application of the law to the case study
a ? Relevant conclusions and recommendations