Claimant v Waterloo Manor Limited
Outcome
Individual claims
The tribunal found that the reason for actions taken by the respondent (including the NMC referral) was not because of race. The tribunal preferred management evidence over contemporaneous statements from Black staff, finding the respondent genuinely believed the claimant had kicked a patient based on video evidence.
The tribunal found that the NMC referral was made because Ms Carroll believed she had an obligation to make the referral, not because the claimant had brought tribunal proceedings for race discrimination. The reason for the referral was in no sense whatsoever because the claimant brought a claim.
Facts
The claimant, a healthcare worker with sight in only one eye, was dismissed following an incident where the employer believed he kicked a patient during a restraint. The claimant raised a grievance and filed a claim for race discrimination. The employer subsequently referred the claimant to the NMC following a police 'no further action' outcome and after receiving notice of tribunal proceedings. The claimant argued the referral was victimisation.
Decision
The tribunal refused the claimant's reconsideration application. The tribunal had found that the NMC referral was made because the employer believed there was an obligation to refer, not because of the race discrimination claim. The tribunal also rejected arguments about preferring retrospective management evidence, new evidence about visual impairment, and procedural unfairness, finding no reasonable prospect of varying the original judgment.
Practical note
Reconsideration applications must demonstrate that new evidence could not have been obtained with reasonable diligence at the original hearing and would probably have an important influence on the result; reconsideration is not a rehearing or opportunity to re-argue the case.
Legal authorities cited
Statutes
Case details
- Case number
- 1805529/2023
- Decision date
- 13 June 2025
- Hearing type
- reconsideration
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- healthcare
- Represented
- Yes
Claimant representation
- Represented
- No