Ms I Onugha v Royal Free London NHS Foundation Trust — 2022

The tribunal dismissed the race discrimination allegations. It found that the claimant, who identifies as British Nigerian, had relied on a series of management interactions and contract-related events involving Ms Howell and others, but had not shown facts linking those matters to race. The tribunal accepted that the respondent made mistakes about the written terms of the claimant's appointment and that some aspects of management could be criticised, but found managerial or practical explanations unrelated to race for the matters complained of.

The tribunal found that the claimant was ultimately employed on a six-month fixed term contract and that the end of employment was explained by the fixed term expiring, the absence of an imminent restructure post, genuine performance concerns identified by Ms Howell, and the claimant's resignation. It found that race played no part in the procedure for notice, the decision to dismiss, or the respondent's handling of the occupational health and probation-related matters. The victimisation allegation also failed.

The holiday pay claim was dismissed on withdrawal after the claimant accepted the respondent could deduct for three days of excess holiday. The travel expenses claim failed because the claimant had not submitted claims under the applicable procedure. The overtime claim failed because she had not proved a contractual right to payment for overtime, and in any event could not prove the specific hours or days worked beyond an estimate.