Ms U. Jama v Barking Havering & Redbridge University Hospital NHS Trust and 1 other — 2023

On the liability judgment sent on 24 February 2023, Ms Jama succeeded against the First Respondent in 11 claims of direct race discrimination, 5 claims of harassment related to race, 7 claims of victimisation, and 8 claims of whistleblowing detriment. Her victimisation claim J-VICT11 also succeeded against Ms C. Beck; all other claims against her were dismissed. The tribunal said the remaining claims were not well-founded or were excluded by operation of s.212(1) EqA.

In the remedy judgment sent on 12 September 2023, the tribunal accepted that the cumulative discrimination caused Ms Jama to take sick leave from 3 August 2020 to 19 October 2020, to stop working on-call shifts from August 2020, and later to take Wednesdays off because of stress and therapy. It awarded the full amount of her on-call losses and the full amount of the Wednesday losses, and it applied a 20% uplift on non-financial losses and a 15% uplift on financial losses, with interest running from 26 October 2021 once the net figures were agreed.

That remedy judgment awarded £29,000 for injury to feelings, £5,000 aggravated damages, £6,000 personal injury, £8,000 by way of ACAS uplift and £10,632.06 interest, producing a total of £58,632.06 under those heads, with the Second Respondent jointly and severally liable for £5,000 of the injury-to-feelings award. The tribunal also recommended that the Trust arrange for Ms Jama to attend the Roche CITM administration course within six months because the failure to consider her for that training in January 2020 was direct race discrimination. The later consent order dated 5 January 2024 recorded a net payment of £47,857.37 and a grossed-up total of £88,196.24 for the awards in paragraphs 6 and 7 of the remedy judgment, and ordered pension contributions of £378.25 employee and £739.72 employer in respect of £3,590.85 gross awards.