Mr F Chimhini, Lay representative For the v Respondent — 2025

The claimant, Ms Julia McLean, a Black Caribbean senior staff nurse at Bridgewood House, brought claims including harassment related to race, unfair dismissal, direct race discrimination, direct disability discrimination by association, and wrongful dismissal. The tribunal recorded that the direct race discrimination claim was withdrawn by the claimant and that the disability discrimination claim was withdrawn as out of time. The reasons and conclusions therefore focused on harassment related to race and unfair dismissal, and the judgment did not give a separate conclusion on the wrongful dismissal / notice-pay issue.

The harassment allegations concerned a flash meeting remark, repeated phone calls during medication rounds, an alleged false safeguarding complaint by a resident, the claimant's suspension, the length of the suspension, grievance handling, and dismissal. Applying section 26 EqA 2010, Richmond Pharmacology v Dhaliwal, and the later discussion in Carozzi, the tribunal found the evidence on the alleged remarks and calls was missing, inconsistent, or explained by ordinary management and safeguarding processes. It found no unwanted conduct related to race, and it also found no evidence that the suspension, grievance handling, or length of process was race-related.

On dismissal, the tribunal accepted the respondent's case that the claimant was dismissed for serious loss of trust and confidence after the incident on 22 June 2022, when a resident at end of life needed pain relief. It found that Ms Main genuinely believed the claimant had failed to assess the resident or reassure the resident's daughter, that Ms Mai's investigation was reasonable, and that the decision to dismiss was within the range of reasonable responses under s.98(4) ERA 1996 and Burchell. The appeal chair carried out further enquiries and rejected arguments about training, HR involvement, delay, and CCTV. No monetary award was made.