Cases2600656/2023

Claimant v St Helens and Knowsley Teaching Hospitals NHS Trust

5 August 2025Before Employment Judge HutchinsonNottinghamin person

Outcome

Claimant fails

Individual claims

Direct Discrimination(race)failed

The tribunal found no evidence that the claimant suffered less favourable treatment because of his race (British Pakistani). The respondent followed proper procedures in response to serious allegations from a third-party colleague, and the claimant failed to shift the burden of proof.

Direct Discrimination(sex)failed

The tribunal found no evidence that the claimant suffered less favourable treatment because of his sex. The respondent's actions were appropriate responses to serious allegations and were not linked to the claimant's sex in any way.

Direct Discrimination(disability)failed

The tribunal found no evidence that the claimant suffered less favourable treatment because of his association with his nephew who had Lafora disease. The respondent's actions were in response to workplace conduct allegations and had nothing to do with his nephew's disability.

Harassment(race)failed

The tribunal found that the respondent's conduct did not amount to unwanted conduct related to race, and did not have the purpose or effect of violating the claimant's dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment. The respondent's behaviour was reasonable and justified.

Harassment(sex)failed

The tribunal found that the respondent's conduct did not amount to unwanted conduct related to sex, and did not have the purpose or effect of violating the claimant's dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment. The respondent's behaviour was reasonable and justified.

Otherdismissed on withdrawal

The tribunal held it had no jurisdiction to determine a standalone complaint under Article 8 of the Human Rights Act 1998. Employment tribunals do not have jurisdiction over such claims. The tribunal also found no interference with Article 8 rights as the incident occurred in a professional workplace context with no expectation of privacy.

Facts

The claimant, a British Pakistani male GP trainee, attended A&E with his nephew who had a rare disability (Lafora disease) in March 2022. A female doctor complained that he had been rude, aggressive, and threatening during the consultation. The respondent placed him on restricted duties while police investigated, then conducted its own process. Restrictions lasted approximately 7 months, after which he received a letter of advice and returned to full duties. He claimed this amounted to race, sex and associative disability discrimination and harassment.

Decision

The tribunal dismissed all claims. It found the respondent acted appropriately and reasonably throughout, following proper procedures in response to serious allegations from a third-party colleague. There was no evidence that treatment was because of race, sex, or the nephew's disability. The conduct did not amount to harassment. The tribunal also held it had no jurisdiction over the Human Rights Act claim.

Practical note

Employers in high-risk sectors like healthcare can impose restrictions on professional practice in response to serious third-party allegations without discriminating, provided they follow proper procedures and regularly review restrictions based on the evolving evidence and risk assessment.

Legal authorities cited

Efobi v Royal Mail Group Ltd [2021] UKSC 33EB v BA [2006] EWCA Civ 132Pnaiser v NHS England & Coventry City Council [2016] IRLR 170Coleman v Attridge Law KC-303/06/2008 ICR 1128EBR Attridge LLP & Another v Coleman [2010] ICR 242Thompson v London Central Bus Company Ltd [2016] IRLR 9No8 Partnership v Simmons [2024] IRLR 110Igen v Wong [2005] ICR 931Madarassy v Nomura International Plc [2007] ICR 867Anya v University of Oxford [2001] ICR 847Glasgow City Council v Zafar [1998] ICR 120

Statutes

Equality Act 2010 s.136Human Rights Act 1998 Article 8Equality Act 2010 s.13Equality Act 2010 s.26

Case details

Case number
2600656/2023
Decision date
5 August 2025
Hearing type
full merits
Hearing days
7
Classification
contested

Respondent

Sector
healthcare
Represented
Yes
Rep type
barrister

Employment details

Role
General Practice Speciality Trainee (GPST)

Claimant representation

Represented
Yes
Rep type
barrister