Dr S Singh Mr P Aneke v Represented by: Ms N Bennett - Lay Representative JSL Care Ltd — 2024

The claimant, a black African registered general nurse, worked for JSL Care Ltd at Bonnyholm Gardens Nursing Home from 1 May 2023 until his dismissal on 17 July 2023. The tribunal found that during his employment a number of concerns arose about his clinical practice and the way he interacted with staff and residents. It accepted the respondent's witnesses as credible and reliable, and found the claimant was not a particularly credible or reliable witness.

On the direct race discrimination claim, the tribunal held that the burden of proof did not shift to the respondent. It found there were multiple complaints from staff and residents, including complaints from black and other ethnic minority staff members, and that the claimant's explanation that records had been fabricated or altered did not withstand scrutiny. Even if the burden had shifted, the tribunal found the respondent had shown that the dismissal was because of the volume and seriousness of the complaints and the claimant's lack of insight or willingness to take responsibility, not because of race or colour. It also found that a hypothetical comparator in the same material circumstances would also have been dismissed.

On victimisation, the tribunal accepted that the claimant's appeal letter of 21 July 2023 and his ACAS early conciliation on 13 October 2023 were protected acts. However, it found the NMC referral made by Mr Shearer on 1 November 2023 was not because of those acts. The tribunal accepted Mr Shearer's evidence that the referral related to the claimant's conduct in his role and his understanding that reporting was required, and that the delay was because he was busy and had forgotten about the referral until the ACAS notification reminded him. The victimisation claim was therefore dismissed.