George Eliot Hospital NHS Trust

Case Summary

Ms Khambay brought claims of discrimination on grounds of race, religion and sex, harassment, sexual harassment and equal pay against George Eliot Hospital NHS Trust. The tribunal found she was not discriminated against contrary to Part 5 of the Equality Act 2010, dismissed her complaints of direct discrimination and harassment, and upheld the respondent's material factor defence to the equal pay claim.

The tribunal found that the claimant's discrimination claims failed because the complained-of treatment was not connected to her protected characteristics of race, religion, or sex, but rather to other factors such as the line management changes resulting from another employee's dignity at work investigation. The equal pay claim also failed because the tribunal found experience was a material factor explaining pay differences between the claimant and comparators, and this material factor defence was embodied in the differential pay points within the NHS Agenda for Change pay bands.

Use these claim-type pages to compare this decision with other published tribunal cases, outcome patterns, and visible award data.

• •Direct discrimination on grounds of race and/or religious belief and/or sex
• •Harassment related to sex
• •Sexual harassment
• •Equal pay claim - like work between claimant and comparators
• •Material factor defence to equal pay claim
• •Whether change in line management was discriminatory
• •Whether comments about conversion to Islam constituted harassment or discrimination

Claim Number: 1308702/2023 1 / 112 EMPLOYMENT TRIBUNALS Claimant Respondent Ms A Khambay -v- George Eliot Hospital NHS Trust PRELIMINARY HEARING (CONDUCTED IN PUBLIC IN PERSON) Heard at: Birmingham On: 10-14, 17-21, 24-28 November & 1 December 2025 and in chambers 2-4 December 2025 Before: Employment Judge Perry, Mrs W Ellis & Mr J Kelly Appearances For the Claimant: Mr K Ahmed (Mackenzie Friend) For the Respondents: Mr J Heard (Counsel) JUDGMENT 1. The claimant was not discriminated against contrary to part 5 of the Equality Act 2010. Her complaints of direct discrimination on grounds of race and/or religious belief and/or sex, harassment related to sex, sexual harassment and equal pay are either dismissed (or as appropriate) dismissed upon withdrawal. 2. Further the respondent’s material factor defence succeeds. REASONS THE EVIDENCE 1. At the start of the hearing, we had before us:- 1.1. a bundle that following addition now runs to 1276 pages (including certain documents that were added in relation to a claim brought by Mr Aslam against GEH), 1.2. a supplementary bundle that now runs to 1277 pages (including extracts of certain WhatsApp messages), 1.3. a chronology from both parties, 1.4. cast lists from both parties, 1.5. a reading list from Ms Khambay, and Claim Number: 1308702/2023 2 / 112 1.6. opening submissions from GEH including submissions on various applications that were before us. 2. Various documents were added as the hearing progressed including amongst various others an email from Mr Parr to Mr Aslam dated 30 December 2022 headed “She's all yours !” 3. We were also supplied amongst other matters as the case progressed from Mr Heard 3.1. a summary of the Law and 3.2. closing submissions 4. We also received submissions from Ms Khambay on the morning of 1 December together with a revised version just under an hour later. 5. Following the conclusion of the evidence and submissions …