Mrs C Tomy v Mid Essex Hospital Services NHS Trust — 2019

Mrs C Tomy was employed by Mid Essex Hospital Services NHS Trust from 1 May 2013 until her resignation on 4 June 2018, with her last day of service on 29 June 2018. The tribunal heard complaints about a Band 6 pay placement issue, a request that she remove her Thali necklace, two sets of patient-care allegations in September 2017 and March 2018, and the consequences of those matters. It accepted the respondent witnesses as clear and credible where the facts were disputed.

On the pay issue, the tribunal found there had been no agreement that the claimant would be placed at the top of Band 6 or paid above the normal Agenda for Change point. It held the claimant was treated fairly under the applicable pay terms, and she was offered an appeal but did not pursue it. The tribunal also found she could not explain how that issue was said to be related to race or religion or belief.

The tribunal accepted that the claimant’s Thali was important to her, but found the request to remove it was made because of health and safety, infection control and the neonatal unit’s policy requirements. It accepted that Joyce McIntosh raised the issue because a baby could grab the necklace, that HR advice was taken, and that the respondent had regard to the claimant’s religious and racial concerns. The tribunal held the request was unwanted, but was not related to race or religion or belief and would not reasonably have been seen as violating dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment.

As to the patient-care allegations, the tribunal found there was sufficient documentary evidence to justify investigation and rejected the suggestion that the allegations were malicious or fabricated. It found the ensuing investigation and disciplinary process were reasonable and proper, and that removal from clinical duties after the second allegation was also reasonable. Those matters were not found to be because of race or religion or belief, and they did not amount to less favourable treatment. The constructive unfair dismissal claim failed because the tribunal found no breach of the implied term of trust and confidence, held that any earlier issues had been affirmed, and concluded that the resignation was in response to an impending disciplinary hearing rather than the alleged breaches.