Claimant v St Paul's Way Medical Centre
Outcome
Individual claims
The tribunal found that the respondent failed to provide the claimant with adequate training and this constituted direct race discrimination.
Ms Sultana telling the claimant on 20 December 2023 to 'just stick to basics' was found to be direct race discrimination.
Escalating the incident on 19 December 2023 as a disciplinary issue was found to constitute direct race discrimination.
The summary dismissal of the claimant on 29 December 2023 was found to be an act of direct race discrimination.
The preparation of appeal meeting minutes containing significant misrepresentations and inaccuracies was found to be direct race discrimination.
The failure to correct the appeal meeting minutes after the claimant pointed out the misrepresentations and inaccuracies constituted direct race discrimination.
The decision to reject the claimant's appeal was found to be an act of direct race discrimination.
The tribunal found that the failure to conduct a review meeting or consider the claimant's training needs on 22 December 2023 was not direct race discrimination.
The tribunal found that the failure to offer the claimant an opportunity to discuss the incident of 19 December 2023 with her line managers was not direct race discrimination.
Asking the claimant to return her smartcard and access card in front of patients and colleagues on 29 December 2023 was found not to be direct race discrimination.
Removing the claimant from the staff WhatsApp group on 29 December 2023 was found not to be direct race discrimination.
The tribunal did not uphold the claim that Ms Sultana fabricated the allegation that led to the claimant's dismissal as an act of race discrimination.
The tribunal found that the withholding of overtime payments and notice pay was not direct race discrimination.
Facts
The claimant, Miss Kutsoati, worked at St Paul's Way Medical Centre. Following an incident on 19 December 2023, she was told to 'stick to basics' by Ms Sultana on 20 December. The incident was escalated as a disciplinary matter and the claimant was summarily dismissed on 29 December 2023. She appealed but the appeal minutes contained significant misrepresentations which were not corrected, and her appeal was rejected.
Decision
The tribunal found that seven of the claimant's race discrimination claims succeeded, including the failure to provide adequate training, the 'stick to basics' comment, the escalation to disciplinary, the dismissal, the inaccurate appeal minutes, the failure to correct them, and the appeal rejection. Six claims failed including the fabrication allegation and withholding of payments. This is a liability judgment only.
Practical note
A self-represented claimant succeeded in establishing that her summary dismissal and related treatment constituted direct race discrimination, demonstrating that even unrepresented claimants can succeed in discrimination cases where evidence supports differential treatment.
Case details
- Case number
- 3200762/2024
- Decision date
- 21 March 2025
- Hearing type
- full merits
- Hearing days
- 3
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- lay rep
Claimant representation
- Represented
- No