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Unit, the Claimant made allegations of race discrimination against her managers although these specific claims were withdrawn by the Claimant at the Employment Tribunal (ET) hearing.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


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 first name (required)

    Your last name (required)

    Your email (required)

    Your telephone number (required)

    Brief details of your enquiry


    4.81 Average

    314 Reviews


    I'd highly recommend Redmans Solicitors. Mel was very helpful and assisted me throughout my case.

    Posted 1 day ago


    Sacha was very thorough and very helpful, with great advice on when to act and when to wait on my case.

    Posted 4 days ago


    I have been very pleased with the support I got from Redmans Solicitors on my case with my employer. Caroline has always helped me to put things in perspective and showed me different scenarios ultimately to help me taking the right decision. She was very professional and always available when I needed, and at the same time also emphatic which I found also really important to establish a strong relationship. Will definitely recommend!

    Posted 6 days ago


    Prompt and efficient response to my enquiries. Excellent negotiating skills with my employer which considerably improved the terms of my settlement agreement.

    Posted 6 days ago


    Very quick and professional service , Rana was very helpful

    Posted 1 week ago

    James G

    Very professional, knowledgeable and kept me informed at every stage of my case. I would highly recommend Redmans.

    Posted 1 week ago

    Pravina P

    Chris was really good and help solve my issues with current company. I would recommend him to anyone.

    Posted 2 weeks ago

    Paul L

    Sacha was extremely helpful in my matter. I would not hesitate you use Sacha or Redmonds again. Everyone was very helpful.

    Posted 2 weeks ago

    Monique N

    I had Mel Chin helping me with a settlement and she was very professional and reliable throughout my case. Mel provided me with a good understanding of what was happening and gave suggestions on routes I could take. My case was resolved and closed promptly although the opposing side were very difficult to deal with. A very big thank you to Mel and Chris.

    Posted 2 weeks ago

    Jackie C

    My first ever experience needing the services of a solicitor; cannot speak highly enough of Mel and Chris’s personable, reassuring and straight to the point advice in dealing with my settlement agreement. They put me at ease during an extremely stressful time. I am equally as happy with the outcome, as l am their professional services.

    Posted 3 weeks ago


    Really happy with the service. All very efficient. Mel rattled through things very fast, however was great whenever I needed to stop and ask a question! Would definitely return to Redmans if I ever needed Legal advice.

    Posted 3 weeks ago

    Peter F

    Very helpful and clear advice, would highly recommend.

    Posted 4 weeks ago

    William A

    Second time I have had to use Redmans. They did not disappoint. They are fast , efficient and friendly. I have already recommended them to friends and colleagues. I hope I dont have to use them again but if I have to , they are the solicitors for me.

    Posted 4 weeks ago

    Fleeta C

    Great service with tantastic communications. The solicitor responsible is extremely knowledgeable and was responsible for bringing a timely and desired solution.

    Posted 4 weeks ago

    Veronica M

    Extremely helpful, starting from a request for advice at very short notice, to dedicating time for me to understand and review all documents thoroughly.

    Posted 4 weeks ago

    Sophie R

    Very efficient and professional service. Chris was very empathetic, knowledgeable and personable. Highly recommended.

    Posted 1 month ago

    Melanie M

    Very happy with the detailed advice provided from Redmans. They also helped me to secure a higher settlement than originally offered by my employer and were extremely diligent. I first spoke with Chris at relatively short notice and then Sacha dealt with my case. Would definitely recommend and use again in the future if needed.

    Posted 1 month ago


    Redmans helped me with a work related issue, which was resolved quickly and professionally. I would definitely recommend this company.

    Posted 1 month ago

    James F

    Great people, really friendly and professional helped with everything that I needed.

    Posted 1 month ago

    Anusha S

    My case was handled by Sacha who was very thorough and helped me to achieve a good outcome with my employer. Sacha was very personal, professional and helped me during quite a stressful time, so I am hugely grateful to her and to Redmans. This was my first time engaging with a law firm so I wasn't sure what to expect but I can definitely say that it was a good experience overall and I ended up better off due to having the help of an experienced and proactive solicitor on my side.

    Posted 1 month ago

    Diane P

    So grateful that I contacted Redmans to deal with my Redundancy Agreement. Everything from the initial call to the completion of the matter was professional, efficient and effective. I was listened to, had everything explained simply and kept informed of every step. I received super advice and the costs were very competitive. I would highly recommend them to anyone seeking similar help. First class service - thank you

    Posted 1 month ago