The Equality Act 2010 protects individuals from discrimination, including discrimination on the grounds of race. However, despite the Act being in place, discrimination remains a persistent problem in the course of employment nationwide. A recent employment tribunal ruling serves as a clear reminder of the importance of fair investigations and the risks employers face when bias influences disciplinary processes.
This claim concerned a black nurse who, it is reported, has been awarded damages of £23,603.45 after it was held by the tribunal that her employer had discriminated against her on the grounds of her race.
“Race”, as defined in the Equality Act 2010, includes a person’s colour, nationality as well as their ethic and national origin.
The claimant, in this case, is reported to have brought the claim on the basis that she was subject to allegations that she had been sleeping on duty during a nightshift at the respondent care home. It is understood that also on duty that night were 6 other colleagues, 5 of whom were also black ethnicity and one Team Leader who was not. However, in the course of the formal investigation, it was alleged that only white members of staff were consulted. The outcome to this investigation resulted in the claimant being given a final written warning.
In the months following, the claimant alleged that she had been sent a video, by an agency worker, clearly showing one of the nurses, who was white and had complained about the claimant, sleeping whilst on duty. However, the respondent decided not to pursue this nurse further and was not required to attend the claimant’s disciplinary hearing.
The claimant had raised concern that the allegations made were racially motivated and the failure to investigate appropriately amounted to further discrimination by failing to interview the 5 colleagues of similar ethnicity to her, who were working on the same nightshifts. However, it was alleged that this assertion was not followed up on and the decision to issue the warning remained. The claimant resigned from her role a few months later.
It was held in the employment tribunal that the respondent care home had failed to carry out a “full and fair” disciplinary process in their failure to interview the 5 identified employees who were working on the same nightshift and only interviewing white employees. The tribunal found that the respondent had also failed to follow up on concerns of race discrimination and bias raised by the claimant in her disciplinary hearing and appeal. The Tribunal further held that the respondent failed to rectify the failings during the investigation and had also failed to properly consider the fact that a white member of staff had also been sleeping whilst on duty and had avoided disciplinary action.
As an employer it is essential that bias is eliminated from formal investigations and that complaints of race discrimination are taken seriously and appropriately investigated.
Should you require advice as an employer, or an employee, regarding concerns of race discrimination in the workplace, please do not hesitate to contact us on 0161 696 6170.
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