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2211437/2023Dismissed

The Tavistock and Portman NHS Foundation Trust

12 August 2024England & WalesEmployment Judge Joffe
GOV.UK

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

Equality Act 2010 race discriminationEquality Act 2010

The Employment Judge dismissed all claims of direct race discrimination, harassment related to race, and victimisation against The Tavistock and Portman NHS Foundation Trust.

Equality Act 2010 sex / pregnancy discriminationEquality Act 2010

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...

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Employer

Respondent

The Tavistock and Portman NHS Foundation Trust

Employer page →View all cases →

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