Mr N Chowdhury v Barts Health NHS Trust — 2023

The claimant, a Senior Critical Care Technologist, brought claims of direct race discrimination, victimisation, and harassment related to race arising from events during the Covid-19 pandemic. The tribunal found that the direct race discrimination allegations were not made out. It accepted explanations including workplace availability during the iPoint access period, the way bank shifts were offered, the claimant's sickness absence during the Team of the Month nomination, the scope and handling of the Dignity at Work investigation, and the annual leave recording process.

The tribunal found that several communications by the claimant were protected acts, including complaints on 19 November 2020, 23 December 2020, 16 January 2021, 5 February 2021, 28 March 2021, and 24 June 2021. Most victimisation allegations failed because the tribunal found no detriment, no knowledge of a protected act, no facts supporting causation, or an explanation unrelated to the protected acts.

Two victimisation allegations succeeded. The tribunal found that Mr Aldridge's 30 March 2021 shared MAP note naming the claimant in connection with Mr Petelca's sickness absence was a detriment and was done because the claimant had presented himself as the victim in his protected complaint. It also found that Mr Aldridge's 21 June 2021 email about Ms Ross's bullying allegation against the claimant and Mr Patel involved prejudgment of the claimant and was victimisation.

The harassment claim failed. The tribunal found the claimant was not compelled to use the work WhatsApp group outside working hours, and that any encouragement to use WhatsApp had nothing whatsoever to do with race.