A Malaysian migrant with no legal right to work in the UK has been awarded more than £5,000 after winning an employment tribunal case for discrimination.

'Well-educated' hotel manager Erin Ong has been awarded the £5,497 payout for compensation for race, sex and disability discrimination.

Ms Ong did not have a work permit for the UK while in the senior role at the Fisherbeck Hotel in Ambleside, Cumbria.

But in a rare decision, a judge ruled in her favour despite her employment being 'tainted by illegality'.

Some £4,000 of the payment to Ms Ong – previously a tax consultant at one of the Big Four accounting firms – was for 'injury to feelings'.

It was found that she was discriminated against by being made to work in conditions that aggravated her asthma, being required to show her passport, and because she was sacked for refusing to move accommodation.

The employment judge said that the allegations were not 'inextricably linked' to her working without a permit.

At Manchester Employment Tribunal, Employment Judge Susan Dennehy said: 'Although there is mention of a probationary period in [her messages to her boss], this does not change the fact that [Ms Ong] was on a visitor visa at that time and knew that, probationary period or not, she had no legal right to work in the UK.'

Prior to her employment at PwC, Ms Ong ran a restaurant business in China which closed because of the Covid-19 pandemic, the tribunal heard.

Zhiyong Zhou, the director of Yatson & Co, contacted Ms Ong via WeChat in March 2023.

Yatson & Co owned and ran the Fisherbeck Hotel, which had 32 rooms and 11 staff – whose nationalities included Polish, Latvian, Spanish and Chinese.

She was the only Malaysian employee and was given the title of manager.

Mr Zhou said that she would be paid £28,000, rising to £30,000 after a three-month probation period.

Ms Ong was told that she would get a work permit after one month if both parties thought it was suitable and she was given a single room as accommodation.

There was no formal contract and she never received any pay slip or wages.

In May 2023, she met Mr Zhou at his home in the Lake District and met Laura Dadulak, the managing director of Yatson & Co, the next day.

She entered the UK on a visitor's visa but did not have a skilled workers visa. Mr Zhou held a copy of her passport as he knew 'something was required', the tribunal was told.

Ms Ong had suffered with asthma since she was five yet her duties at the hotel included triggers such as feather pillows, feather duvets and cleaning chemicals.

Her airways often became blocked and she would find it difficult to breathe – meaning she had to use her inhaler five times a week.

In May 2023, in her third week at the hotel, she suffered an asthma attack and her boyfriend gave her some Chinese medicine. Her application for sick leave was denied.

She was also found to have been the only staff member required to show her passport in order to be paid wages, which was considered to be racial discrimination.

It was found that Mr Zhou had a history of paying the female staff late and that despite being asked to show her passport, Ms Ong was never paid any money.

In June 2023, her accommodation was moved to Kendal, Cumbria, but as she did not want to move she was sacked.

The case was taken to an employment tribunal where it was found that she did not have a work visa and Mr Zhou knew this.

At the tribunal in Manchester, Ms Ong won claims of disability discrimination, sex discrimination and race discrimination.

In January 2024, the company was fined £10,000 for employing illegal workers.

Employment Judge Dennehy said: '[Ms Ong] told me in her oral evidence that she did not have a visa that allowed her to work in the UK. She came to the UK on a visitor's visa from Malaysia.

'When I questioned [Ms Ong] as to what she thought her status was whilst she was working at the Hotel she said, "she wasn't sure."

'Mr Zhou told me in his oral evidence that he did not carry out or ask anyone else to carry out an audit of what right to work checks were done to ensure that [Yatson & Co] had conducted right to work checks correctly.

'Whilst the employment of [Ms Ong] gave rise to a practical opportunity for the alleged acts of discrimination to be committed, I find that the allegations of disability, race and sex discrimination were not inextricably linked to illegal conduct.

'I find that being asked to undertake housekeeping duties when suffering from asthma and being exposed to her asthma triggers could amount to unfavourable treatment.

'[Ms Ong] has proved sufficient facts that shift the burden of proof to [Yatson & Co].'

Other claims of unfair dismissal, unlawful deduction of wages, failure to pay outstanding holiday pay, further disability discrimination and further race discrimination were dismissed.

Amongst her unsuccessful claims were that she had been told to only eat leftover food from the buffet, not to speak to Chinese guests and that Mr Zhou was 'trying to brainwash her to become a slave because she was a woman'.

Judge Dennehy added: 'I find that [her] employment contract is tainted by illegality and accordingly the claims which rely on a contract of employment, namely automatic unfair dismissal, breach of contract notice pay, arrears of unpaid wages and holiday pay must fail and are dismissed.

'I find that the claims which are based on tort, unlawful discrimination, disability (with the exception of dismissal), race and sex discrimination [could] proceed as they are not inextricably linked to the illegal conduct.'