Claimant v Morar North Berwick Limited T/a North Berwick Care Home
Outcome
Individual claims
Tribunal concluded the claimant was not treated less favourably than a hypothetical white comparator would have been. The PIP was imposed due to genuine and valid performance concerns documented from April 2023. Had the respondent been motivated by race, they would not have offered alternative employment when she resigned or permitted her to rescind her resignation shortly before placing her on the PIP.
Tribunal found that any registered nurse employed as Care Home Manager who falsely signed to confirm witnessing administration of a controlled drug would have been subjected to disciplinary investigation and dismissed. The claimant's race did not influence the respondent's decision. The respondent had genuine concerns about a serious breach of NMC Code of Practice involving falsification of medication records.
Tribunal found on balance that a senior white male colleague (C2) said to a black female nurse (C1) 'people like you don't make decisions around here' and 'shut your black mouth'. Although not said directly to the claimant, these comments reported to her created an intimidating, hostile, degrading, humiliating or offensive environment for the claimant. The conduct was unwanted, related to race, and it was objectively reasonable for the claimant to view such comments as creating a proscribed environment.
Tribunal found the respondent's Regional Manager (KM) completely failed to investigate C1's complaint of racist abuse, did not involve HR, and did not follow the Anti-Harassment and Bullying Policy. The Tribunal concluded this failure was related to race: the respondent simply did not take complaints of race discrimination seriously. This failure created an intimidating, hostile, degrading, humiliating or offensive environment for the claimant, making her feel management would not act in her best interests if subjected to racialised abuse.
Withdrawn by the claimant during the hearing. The claimant no longer insisted on this complaint and was seeking compensation only in respect of the discrimination and harassment claims.
Facts
The claimant, a black Zambian Care Home Manager, was employed from June 2022 to manage a newly opened care home. From April 2023 onwards, serious concerns arose about her failure to implement the Quality Assurance System, complete required documentation, and ensure care plans were in place within legal timeframes. She was placed on a Performance Improvement Plan in June 2023. On 22 June 2023, a controlled drug error occurred: a resident was given an incorrect dose of medication. The claimant was asked to, and did, sign electronic records confirming she had witnessed the administration and conducted required checks, when in fact she had not done so. During her sickness absence in July 2023, a black female nurse complained that a white male senior colleague had made racist remarks to her ('people like you don't make decisions around here' and 'shut your black mouth'). The Regional Manager failed to properly investigate this complaint. The claimant was dismissed on 21 September 2023 following a disciplinary process relating to the controlled drug error.
Decision
The tribunal dismissed the claimant's direct race discrimination claims regarding the PIP, disciplinary investigation and dismissal, finding these were based on genuine performance and conduct concerns, not race. However, the tribunal upheld two harassment claims: first, that racist comments made to a colleague created a hostile environment for the claimant; and second, that the respondent's complete failure to investigate that complaint of racist abuse was itself related to race, demonstrating the respondent did not take race discrimination complaints seriously. The claimant was awarded £5,645.48 including interest for injury to feelings in the lower Vento band.
Practical note
An employer's systemic failure to properly investigate complaints of racist abuse, even when they concern incidents not directly involving the claimant, can itself constitute harassment related to race by creating a hostile working environment and demonstrating that such complaints are not taken seriously.
Award breakdown
Vento band: lower
Award equivalent: 4.7 weeks' gross pay
Legal authorities cited
Statutes
Case details
- Case number
- 4102746/2024
- Decision date
- 11 April 2025
- Hearing type
- full merits
- Hearing days
- 7
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Care Home Manager
- Salary band
- £60,000–£80,000
- Service
- 1 years
Claimant representation
- Represented
- Yes
- Rep type
- lay rep