Mr Z v Medway NHS Foundation Trust HELD AT: London South (CVP) — 2023

The claimant, a registered nurse who is male and of Asian Filipino background, brought claims arising from the respondent's decisions to report him to the police, suspend him, refer him to the Nursing and Midwifery Council, and not progress a later grievance. The tribunal recorded that the claimant had not been charged, the police investigation resulted in no charges, the internal investigation found no case to answer, and the case was presented on the basis that the claimant had been falsely accused.

The tribunal dismissed the race and sex discrimination and harassment claims. In the visible reasons, it accepted the respondent's explanations that the police report, suspension and NMC referral were because of the seriousness of the allegation made by patient A, and not because of the claimant's sex; it also found no evidence that the relevant conduct was related to sex. It found that the grievance issue was not a detriment or unwanted conduct on the facts and, in any event, was not because of sex. The judgment states that all race and/or sex discrimination and harassment claims did not succeed.