Claimant v St George's University Hospitals NHS Foundation Trust
Outcome
Individual claims
The tribunal unanimously concluded that the claim for unfair dismissal was not well founded. The judgment does not provide detailed reasoning but the claimant's dismissal was found to be fair.
The tribunal unanimously found that the claim for harassment related to race was not well founded. The tribunal concluded that the conduct alleged did not constitute harassment under the Equality Act 2010.
The tribunal unanimously found that the claim for direct race discrimination was not well founded. The claimant failed to establish that he was treated less favourably because of his race.
Facts
Mr Elmir Benguela was employed by St George's University Hospitals NHS Foundation Trust and was dismissed. He brought claims for unfair dismissal, harassment related to race, and direct race discrimination. The hearing took place over three days before a full tribunal panel.
Decision
The tribunal unanimously dismissed all three claims. The tribunal found that the dismissal was fair and that the claimant had not established harassment or direct discrimination on grounds of race.
Practical note
This case demonstrates the difficulty faced by unrepresented claimants bringing race discrimination claims against NHS trusts where the employer has legal representation and the burden of proof is not discharged.
Case details
- Case number
- 2303789/2023
- Decision date
- 30 April 2025
- Hearing type
- full merits
- Hearing days
- 3
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No