Claimant v London Borough of Enfield
Outcome
Individual claims
The tribunal found no evidence that any of the alleged conduct (suspension, grievance handling, dismissal, interactions with Ms Codabaccus, allegations by a resident) was unwanted conduct related to the claimant's race. The tribunal systematically examined each allegation and found no racial element in any of the respondent's actions.
The tribunal found the dismissal was fair. The claimant refused to assess an end-of-life patient in pain, failed to attend to her or reassure the patient's daughter, spent time on personal calls, and stated she would act the same way again. The tribunal found the employer had a genuine belief in misconduct based on reasonable grounds following a reasonable investigation. Dismissal was within the range of reasonable responses given the serious breach of trust and confidence.
Withdrawn by the claimant on 5 December 2024 and dismissed by the tribunal upon withdrawal.
Disability discrimination by association claim withdrawn as it was presented out of time and dismissed by the tribunal upon withdrawal.
Facts
The claimant, a Black Caribbean Senior Staff Nurse employed by London Borough of Enfield at Bridgewood House care home, was dismissed for gross misconduct following an incident on 22 June 2022. She was asked by a support worker to administer pain relief medication to an end-of-life patient (ID) whose daughter reported the patient was in pain. The claimant refused, stating she was not trained to administer such injections, and did not attend to assess the patient or reassure the daughter. District nurses were called and arrived over two hours later. ID died shortly after receiving pain relief. CCTV showed the claimant spent significant time at her desk and made personal video calls totalling 25 minutes. The claimant had previously raised grievances about treatment by her manager Ms Codabaccus.
Decision
The tribunal dismissed all claims. The harassment related to race claims failed as there was no evidence any conduct was unwanted or related to race. The unfair dismissal claim failed because the tribunal found the employer had a genuine belief in misconduct based on reasonable grounds following a reasonable investigation, and dismissal was within the range of reasonable responses. The claimant's failure to assess an end-of-life patient and her stated willingness to act the same way again amounted to a serious breach of trust and confidence justifying summary dismissal.
Practical note
A registered nurse's refusal to assess an end-of-life patient in distress, even if not trained in a specific procedure, can constitute gross misconduct justifying summary dismissal where it demonstrates a fundamental breach of professional standards and trust, particularly where the employee shows no willingness to act differently in future.
Legal authorities cited
Statutes
Case details
- Case number
- 3301701/2023
- Decision date
- 22 February 2025
- Hearing type
- full merits
- Hearing days
- 6
- Classification
- contested
Respondent
- Name
- London Borough of Enfield
- Sector
- local government
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Senior Staff Nurse
- Service
- 3 years
Claimant representation
- Represented
- Yes
- Rep type
- lay rep