Mrs C Manu-Gyamfi v Barts Health NHS Trust — 2019

The claimant, a black African midwife, brought complaints of direct race discrimination, race-related harassment, victimisation, unlawful deductions from wages, and constructive unfair dismissal. The tribunal found that many discrimination and harassment allegations were out of time and that there was no continuing act linking them. It also considered the merits and found that the respondent's managers acted for non-discriminatory reasons connected with service-user complaints, patient safety, performance management, sickness absence, return-to-work arrangements, and the claimant's refusal to undertake a developmental plan.

The tribunal found that the developmental plan was not a punishment or disciplinary sanction, but a support and performance-management measure arising from several service-user complaints and concerns about the claimant's insight and practice. It found that the grievance relied on for victimisation did not allege race discrimination and was not a protected act, and that the alleged harassment was not related to race or was not reasonably capable of having the statutory effect in context.

On wages, the tribunal found that the claimant was absent without permission for relevant periods in August, September and October 2018, except for 11 October 2018 when she attended a return to work meeting. The complaint succeeded only for that day's pay. The constructive dismissal claim failed because the tribunal found no breach of the implied term of trust and confidence in the Newham University Hospital arrangements, and found that the claimant resigned after obtaining new employment with North Middlesex University Hospital.