The Tavistock and Portman NHS Foundation Trust
Case Summary
The Employment Judge dismissed all claims of direct race discrimination, harassment related to race, and victimisation against The Tavistock and Portman NHS Foundation Trust.
Key Issues
- •Direct discrimination (race)
- •Harassment related to race
- •Victimisation
Claim Types
Cited Laws and Legal Issues
The Employment Judge dismissed all claims of direct race discrimination, harassment related to race, and victimisation against The Tavistock and Portman NHS Foundation Trust.
td v Wong [2005] EWCA Civ 142; [2005] IRLR 258 regarding the burden of proof (in the context of cases under the then Sex Discrimination Act 1975).
Decision Text
1 EMPLOYMENT TRIBUNALS Claimant: Miss G Okwu Respondent: The Tavistock and Portman NHS Foundation Trust Heard at: London Central (by Cloud Video Platform) On: 15, 16, 17, 20 and 21 May and 8 and 9 July 2024 Before: Employment Judge Joffe Mr A Adolphus Ms S Aslett Appearances For the claimant: represented herself For the respondent: Mr S Nicholls, counsel JUDGMENT 1. The complaints of direct race discrimination are not well-founded and are dismissed. 2. The complaints of harassment related to race are not well-founded and are dismissed. 3. The complaints of victimisation are not well-founded and are dismissed. REASONS Claims and Issues 2 1. The issues in the claims were agreed at a case management preliminary hearing in front of Employment Judge Adkin on 14 September 2023. 2. They were as follows: Race 1. The Claimant is a black person of African origin. Direct discrimination (s.13 EqA 2010) – 2. What are the facts in relation to the following allegations: a. Sandra Marinou not allocating new work to the Claimant for almost 2 months after the Claimant started employment (later in December 2019 or January 2020); b. Not having a monthly supervision (the Claimant asserts her last supervision was 27.10.2022) (between October 2022 – July 2023); c. On 24.04.2023, C was not paid her salary, nobody else in the teams had the same issue (same thing happened in Summer of 2022, which relies as background to demonstrate that this was because of her race); d. On 24.03.2023 at a team meeting, colleague Dr Mike Shaw (Consultant Psychiatrist) made a racist joke about African monkeys how they "were bad and very wicked and they throw poo at people" and everyone laughed. (C states she reported this to Dayo Ajibola (Associate Director HR), Tim Kent (Associate Director) and Micheal Holland (Chief Executive Officer)) The Claimant draws an inference that thi...
Employer
Case Details
- Case Number
- 2211437/2023
- Tribunal
- Employment Tribunal
- Level
- First instance
- Decision Date
- 12/08/2024
- Published
- 23/08/2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Joffe