Claimant v Dr G Bangi t/a GAB Healthcare
Outcome
Individual claims
Allegation 4.1.1 about chastising and 'it can't happen' comment: complaint not formally withdrawn but claimant said in evidence there was nothing wrong with the comment and no submissions advanced. Complaint not well founded on merits and out of time.
Allegation 4.1.2 about 'this is how things are done in this country': Tribunal found actual words were 'That doesn't work. That stuff doesn't work here' relating to practice procedures, not race. Claimant not satisfied tribunal he was offended. No facts proved from which tribunal could conclude comment related to race. Also out of time.
Allegation 4.1.3 withdrawn by claimant during hearing.
Allegations 4.1.4-4.1.6 about laptop incident on 15 September 2023: Tribunal found most of factual allegations proved but claimant failed to prove facts from which tribunal could conclude conduct was related to race. Suzanne Clitheroe's behaviour was explicable by belief she needed laptop for updates and claimant's failure to return it.
Allegation 5.1.1 about summary dismissal in front of patients: Claimant failed to prove as matter of fact that dismissal was communicated in front of a patient. Even if proved, no facts from which tribunal could conclude race was material factor. Complaint failed.
Unfair dismissal claim withdrawn by claimant following settlement and dismissed by tribunal.
Facts
Dr Arora, a newly qualified Indian GP, worked part-time for Dr Bangi's practice from February to September 2023. The respondent had ongoing concerns about Dr Arora's conduct including interactions with staff, failure to complete mandatory training, and refusal to follow procedures regarding leave and equipment. Following a meeting on 1 June 2023 where concerns were raised, Dr Arora was given another chance. However, on 15 September 2023, after a dispute over a practice laptop which Dr Arora had refused to return for updates and then retrieved from a locked office, he was summarily dismissed by Dr Bangi via instruction to practice manager Suzanne Clitheroe.
Decision
The tribunal dismissed all discrimination claims. The claimant failed to prove that comments at the June meeting related to race; the actual words used ('That doesn't work here') clearly referred to practice procedures. The laptop incident was found to be explained by legitimate operational concerns, not race. The allegation about dismissal in front of patients was not proved factually. Time limit expired for June meeting complaints with no just and equitable extension warranted.
Practical note
Context is critical when evaluating alleged discriminatory comments; words that might appear problematic in isolation may be clearly innocuous when the full conversation is examined, particularly where covert recordings reveal the actual exchange.
Legal authorities cited
Statutes
Case details
- Case number
- 2401223/2024
- Decision date
- 2 May 2025
- Hearing type
- full merits
- Hearing days
- 4
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- GP (Salaried General Practitioner)
- Service
- 7 months
Claimant representation
- Represented
- Yes
- Rep type
- barrister