Claimant v West London NHS Trust
Outcome
Individual claims
The tribunal found that comments made by Charles Oppong constituted harassment on the grounds of age. The conduct was unwanted and had the purpose or effect of violating the claimant's dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for her.
The tribunal found that comments made by Charles Oppong constituted harassment on the grounds of sex. The conduct was unwanted and had the purpose or effect of violating the claimant's dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for her.
The tribunal found that the evidence did not establish that the claimant was subjected to harassment related to race. The conduct complained of was not sufficiently connected to the protected characteristic of race or did not meet the statutory test for harassment.
The tribunal concluded that the claimant was not treated less favourably because of her age. The evidence did not establish that age was the reason for the treatment complained of, or there was no appropriate comparator showing less favourable treatment.
The tribunal concluded that the claimant was not treated less favourably because of her race. The evidence did not establish that race was the reason for the treatment complained of against either respondent, or there was no appropriate comparator showing less favourable treatment.
The tribunal concluded that the claimant was not treated less favourably because of her sex. The evidence did not establish that sex was the reason for the treatment complained of, or there was no appropriate comparator showing less favourable treatment.
The tribunal found that the claimant had not done a protected act or, if she had, was not subjected to a detriment because of that protected act. The respondents did not subject the claimant to detrimental treatment by reason of her having done a protected act under the Equality Act 2010.
The tribunal found that the claimant was not subjected to a detriment for making a protected disclosure. Either no protected disclosure was made, or the detriment was not on the ground that the claimant had made a protected disclosure as required by the Employment Rights Act 1996.
The tribunal found that there was no unauthorised deduction from the claimant's wages. Either the claimant was paid all wages properly payable, or any deduction was authorised by statute or contract or the claimant had given prior written consent.
Facts
Mrs Esteves brought multiple discrimination claims against West London NHS Trust and an individual Ms Jefferson. The claims included allegations of harassment, direct discrimination on grounds of age, sex and race, victimisation, whistleblowing detriment and unauthorised deduction of wages. The case was heard over nine days including deliberation and remedy hearings. The claimant was represented by her husband as a lay representative.
Decision
The tribunal upheld only the claims of harassment on grounds of age and sex against the first respondent, based on comments made by Charles Oppong. All other claims including direct discrimination, other harassment allegations, victimisation, whistleblowing detriment and wage deduction claims were dismissed. The tribunal awarded £1,200 injury to feelings plus £225.15 interest.
Practical note
Even where multiple discrimination claims fail, a tribunal may still find harassment established based on specific comments by an individual employee, resulting in a modest lower band Vento award where the conduct is limited in scope.
Award breakdown
Vento band: lower
Case details
- Case number
- 3311669/2023
- Decision date
- 4 December 2025
- Hearing type
- full merits
- Hearing days
- 9
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- Yes
- Rep type
- lay rep