Want to talk to an expert employment law solicitor?

You'll receive a callback from a specialist within an hour

In the case of Ms E Osei v Basildon and Thurrock University Hospital NHS Trust ET/3201328/2017 & 3200136/2018, the Claimant was a nurse of Black African descent who brought a claim in the Employment Tribunal for amongst other complaints, race discrimination. She was not successful in any of the grounds of complaint except that of victimization.

The facts in Ms E Osei v Basildon and Thurrock University Hospital NHS Trust

The Clamant was employed by the Respondent from 11 January 2016 as a nurse working in the Respondent’s Recovery Unit, caring for patients who were recovering after surgery and anesthesia as well as intensive care patients. The Recovery Unit had staff from a diverse racial background: black African, white and Indian.

After about six months of working in the Unit, the Claimant made allegations of race discrimination against her managers although these specific claims were withdrawn by the Claimant at the Employment Tribunal (ET) hearing.

On 5 June 2017, a 93-year-old patient who had undergone surgery in the care of Dr Sharma, an anaesthetist, was admitted and was allocated to the Claimant for post-surgery recovery.  The Claimant became concerned at the patient’s low blood pressure and texted Dr Sharma to this effect. Dr Sharma considered that the patient was ready to be discharged from the Recovery Unit to the ward as his blood pressure had been low before the operation. No witnesses were able to confirm the exchange between Dr Sharma and the Claimant but the latter claimed that the former had said “I am not here to make you happy”. According to the Claimant, Dr Sharma then telephoned the ward to explain why he felt a transfer was acceptable in this case; he conveyed the concerns of the Claimant but then uttered according to the Claimant, to the person at the other end of the phone: “We clinicians treat a patient as a whole and not just numbers. Monkeys treat numbers and we treat patients”.

On that day, 5 June 2017, the Claimant emailed the Sister of the ward and complained that Dr Sharma had been referring in a derogatory way to her via this phone call. On the morning of 6 June 2017, Dr Sharma discovered that his advice had been contradicted and the patient in question had been given fluids to improve his blood pressure and that this had caused complications.

The Claimant’s emails were forwarded to Mrs Archer, HR Resources manager, who organized an informal meeting. At that meeting, Dr Sharma apologized to the Claimant explaining that the comment about the monkey had been referring to an Indian parable and had had nothing to do with the Claimant’s race. The Claimant refused to accept this apology and after further pressure from another member of staff at the hospital, she refused a written apology from Dr Sharma as well. The Claimant also reported that she had been told to reflect on her own behaviour.

The Claimant then submitted a formal grievance against Dr Sharma in July 2017 and a case investigator was appointed. The Claimant was off work for 18 days in August due to stress caused by raising the grievance. On 11 September 2017, the Claimant was invited to a sickness review meeting and it was noted that she had not been attending working for that period of time. She was offered a transfer but she refused. The meeting culminated with her being issued a Stage 1 written warning concerning her attendance levels.

Following the meeting, the Claimant wrote to the Sister of her ward, explaining that she felt that she had been unfairly treated and that the Respondent at the meeting had failed to give consideration to her medical reports of stress causing her absences. An incident subsequently occurred, involving the Claimant being chided for taking an overlong tea break. On 17 September 2017, the Claimant had a meeting with representatives of the Respondent, who discussed other employment on grounds of health and suggested a transfer. The Claimant agreed to this and joined the Urology department. However, her time here did not go well and she was criticised by other staff on that ward for her vocal behaviour.

The Claimant complained and had a meeting on 29 September 2017 with the Respondent to discuss further redeployment possibilities. The Claimant chose to work in theatre recovery but emphasized that she considered that she had done nothing wrong in the first place to merit such moves. The Claimant was not given the opportunity to work in her chosen area and on 18 October 2017, she resigned claiming constructive dismissal and claiming that she had been subject to bullying.

Meanwhile, on 22 December 2017, Dr Sharma was invited to a disciplinary hearing to respond to allegations of the nature of the language that he used. As a result of this hearing, Dr Sharma was informed that the allegations were upheld against him and he was given a final written warning.

Decision of the Employment Tribunal (ET)

The ET considered the various heads of claim that the Claimant had brought and the legal test required to meet them. Her victimization complaint had been brought out of time.

The ET dismissed her complaints of direct race discrimination and harassment and constructive unfair dismissal but they did allow the claim of victimization. In terms of the latter the ET considered that the Respondent’s behaviour towards the Claimant was influenced by the fact that she had made a complaint about Dr Sharma.

Our solicitors’ views on the case of in Ms E Osei v Basildon and Thurrock University Hospital NHS Trust

Caroline Lewis, specialist employment lawyer at Redmans Solicitors, made the following comment on the case: “An employer has a responsibility to ensure that a person is not victimised, or treated unfavourably, because he or she has made a complaint or supported another person to make a complaint. This is the case even if that complaint is not upheld either by an organisation’s internal mechanism or at a Tribunal”.

The decision of the Employment Tribunal in Ms E Osei v Basildon and Thurrock University Hospital NHS Trust 3201328/2017 & 3200136/2018 can be found here.

About

Redmans Employment Team deal with employment matters for both employers and employees, including drafting employment contracts and policies, advising employers and employees on compromise agreements, handling day-to-day HR issues, advising on restructures, and handling Employment Tribunal cases for both employers and employees Call 020 3397 3603 to speak to one of the members of our employment team or email us on enquiries@redmans.co.uk. Redmans have offices in Richmond, Chiswick, Hammersmith, Fulham, Kingston, Wimbledon, Ealing, Kings Cross and Marylebone (meetings strictly by appointment only).

Want to talk to an expert employment law solicitor?

You'll receive a callback from a specialist within an hour

Share →

Our awards

Request a callback

Your name

Your email

Your telephone number

Contact us

Please feel free to discuss your own position and concerns. Contact your nearest office on:

T: 020 3397 3603
E: enquiries@redmans.co.uk
W: www.redmans.co.uk

Testimonials

4.67 Average

66 Reviews

Anonymous

As with All solicitors advice without consequence but understood and communicated my legal position

Posted 6 days ago

Anonymous

Prompt, professional and excellent service.

Posted 1 week ago

Dominic C

Excellent service, prompt and helpful

Posted 1 week ago

Anonymous

I found Redman’s to be very efficient and got me the best deal available in the short time scale that was available.

Posted 2 weeks ago

Victor L

Very professional. Provided excellent advice on my Settlement agreement.

Posted 2 weeks ago

Anonymous

Professional from start to finish.

Posted 2 weeks ago

Oliver W

Excellent service provided by Redmans, will certainly consider using again.

Posted 2 weeks ago

Melanie H

Very professional and extremely personable service. Thank you very much.

Posted 4 weeks ago

Anonymous

I found Chris to be very approachable and easy to speak with about complex matters. He took action quickly and his updates to me, as his client, were prompt. I would recommend Chris and the team at Redmans without hesitation.

Posted 4 weeks ago

Anonymous

Good advice

Posted 4 weeks ago

Anonymous

Overall happy with the service provided by Chris and Rana.

Posted 4 weeks ago

Anonymous

Chris and Rana provide a great service, very informed, diligent and care about your result, would recommend Redmans

Posted 4 weeks ago

David W

A speedy efficient friendly service, I would definitely recommend Redmans Solicitors for processing Settlement Agreements.

Posted 4 weeks ago

Anonymous

Both Rana and Chris were fantastic. From the first phone call I was confident my matter was in good hands. I was not disappointed. I would highly recommend Redmans. Thank you again for all of your support and advice.

Posted 1 month ago

Federico S

Great advices and communication. Through Redmana I obtained match more than what I thought. Highly recommended

Posted 1 month ago

Tom G

A good and efficient service with the required legal advice provided for a settlement agreement.

Posted 1 month ago

Francis T

The solicitor I used was Chris Hadrill, who I found extremely professional and I felt that he made me feel at ease, considering the subject matter he was assisting me with.

Posted 1 month ago

Anonymous

Chris provided excellent assistance with the negotiation of my settlement agreement. From start to finish, I was consitently updated and advised on the best course of action to take. I would highly recommend Chris and Redmans Solicitors.

Posted 1 month ago

Anonymous

They are busy people but manage well so generally I would recommend them.

Posted 1 month ago

Anonymous

Very efficient and professional service from my first phone call making an enquiry. Timescales of the matter in hand were met and within the agreed budget. Would highly recommend Redmans

Posted 1 month ago

Lisa B

Really very good service, always available to answer questions, provide my with any information I needed to make informed decisions.

Posted 1 month ago