Mr Dike v NHS Professionals Limited — 2023

The tribunal unanimously dismissed the claimant’s direct race discrimination claim. The recorded allegations concerned the alteration of shift allocations, reports and accusations made by BS about incidents on the ward, restrictions on the claimant undertaking shifts, the conduct of the disciplinary investigation including interviewing white staff rather than ethnic minority staff, delay in holding a disciplinary hearing, the claimant’s dismissal, and the respondent interviewing only white employees for the disciplinary and grievance processes.

The tribunal also dismissed the claimant’s allegations (i) to (iv) insofar as they were advanced as race-related harassment. In addition, it dismissed the claimant’s victimisation claim, which alleged that after a complaint to ACAS in 2019 and a threat to issue proceedings, he suffered detriment through delay in the proceedings, the way they were conducted, and the outcome.

The written judgment is a short record of decision and states that reasons were given orally at the hearing. No separate written reasons appear in the judgment record, so the available material identifies the claims determined and their outcomes but gives only limited detail of the tribunal’s reasoning.