Claimant v Greater Glasgow Health Board

The tribunal found no facts or inferences to suggest the claimant was treated differently from any hypothetical white comparator. All actions by the respondent (placing on special leave due to assault charge, transferring to non-patient facing role, the toilet incident, transfer to Rowanbank, and reporting to police/social services regarding child safeguarding) were found to be objectively reasonable and not because of the claimant's race.

The tribunal found the respondent acted reasonably and professionally at all times and would have treated any comparator in the same manner. The conduct complained of (same 10 acts as in the direct discrimination claim) was not related to race. The respondent's actions were justified by legitimate operational and safeguarding concerns.

The tribunal found that none of the claimant's alleged protected acts (four emails and a Teams meeting) met the statutory definition as they did not make allegations capable in law of amounting to discrimination under the Equality Act 2010. The allegations were either too vague and generalised or did not suggest race was a motivating factor. Even if they had been protected acts, there was no causal link between them and the alleged detriments.

The tribunal found no repudiatory breach of the implied term of trust and confidence. All actions by the respondent (placing on special leave, transferring to laundry, the toilet incident, transfer to Rowanbank, and reporting child safeguarding concerns) were objectively justified and reasonable in the circumstances. Neither the events of 27 May 2024 alone, nor the cumulative conduct from April 2023 to May 2024, amounted to conduct calculated or likely to destroy trust and confidence.