An hotelier employed a Nigerian national and paid him £130 a week for six 12-hour shifts (less than the minimum wage). The employee was then dismissed for insisting that the employer should arrange for a National Insurance number to be issued (they didn’t as they wished to avoid tax.) The employee claimed that he had been discriminated against on the grounds of his race because a British national would not have been paid below the minimum wage.
The Employment Tribunal held that the employer took advantage of the employee because he was in a weak position as a Nigerian student working on a visa. This amounted to less favourable treatment on the grounds of race. The less favourable treatment related not only to the poor wages but the pressure that the employee was put under not to apply for a National Insurance number.
Mehmet t/a Rose Hotel Group v Aduma