Mr M Shaba v Oxford University Hospital NHS Foundation Trust — 2019

The tribunal refused the claimant's application for a postponement and his application to recuse Employment Judge Gumbiti-Zimuto. After the claimant left the hearing following the refusal of postponement, the tribunal proceeded in his absence and relied on the respondent's witness evidence, contemporaneous emails, and bodycam footage.

In claim 3325723/2017, the tribunal held that the direct race discrimination and race harassment complaints arising from events in the Vascular Surgery Department were presented out of time. It found that the relevant time limit had expired before the claim was lodged on 1 August 2017, and that it was not just and equitable to extend time.

In claim 3334336/2018, the tribunal rejected the allegations arising from the 3 April 2018 hospital security incident, the ban from hospital premises, and the later workplace exchanges with colleagues and managers. It found that the force used by security staff and police was appropriate and proportionate in the circumstances, that the access ban would have applied to a comparator in the same position, and that the later complaints about workplace conduct were not proved to be because of race and did not amount to harassment or victimisation.

The holiday pay complaint was also dismissed. The respondent's records showed annual leave owing of £623.12, and the net amount paid to the claimant on 27 June 2017 was £414.70. The tribunal accepted that payment had been made and made no monetary award. All complaints in both claims were dismissed.