Claimant v Quarryfields Health Care Limited

Tribunal found that whilst the investigation was flawed due to lack of experience and expertise of the investigator Amanda Swift, the claimant did not prove less favourable treatment compared to white comparator Angela Briggs at the investigation stage, as both were subject to disciplinary investigations. The respondent provided a non-discriminatory explanation for the treatment.

Tribunal found the disciplinary process failed to speak to black members of staff and only interviewed white staff. The claimant was treated less favourably than white comparator Angela Briggs who was not invited to a disciplinary hearing despite video evidence of her sleeping at work. The respondent failed to provide a credible non-discriminatory explanation for this differential treatment.

Tribunal found the final written warning issued on 20 July 2023 was discriminatory. Claimant received a final written warning whilst white comparator Angela Briggs received no sanction despite clear video evidence of her sleeping on duty. The respondent's explanation that Briggs' conduct was 'historical' was not credible, particularly as there was no conclusive evidence the claimant had been asleep.

Tribunal found the appeal process failed to rectify failings of investigation and disciplinary processes, and the appeal officer Hannah Blundell refused to view video evidence of white nurse Angela Briggs sleeping at work. The respondent failed to properly investigate serious allegations of racial discrimination raised repeatedly by the claimant and her union representative. This amounted to less favourable treatment because of race.