Mr Dike v NHS Professionals Ltd: 2413836/2019
JUDGMENT
It is the unanimous judgment of the Employment Tribunal that:[1]The claimant’s claims that:-(i) BS altering shift allocations;(ii) BS reporting the claimant to the Nursing Charge for allowing a patient K to eat toasted bread;(iii) BS falsely accusing the claimant of allowing K to fall down;(iv) BS falsely accusing the claimant of using his mobile phone on the ward;(v) Restricting the claimant from undertaking shifts;(vi) Failing as part of the disciplinary investigation into the matters set out above, to interview ethnic minority staff who were on shift at that time (and only interviewing white staff); Case No. 2413836/2019(vii) Delaying in holding a disciplinary hearing;(viii) The respondent dismissing him;(ix) The respondent only interviewing white employees for the disciplinary and grievance which are allegations of direct discrimination because of race, are not well founded and fail.[2]The claimant’s allegations (i) to (iv) also presented as allegations of race related harassment are not well founded and fail.[3]The claimant’s claim of victimisation that following a complaint to ACAS in 2019 and the claimant’s threat to issue proceedings, he suffered a detriment of the delay in conducting proceedings, the way the proceedings were conducted and the outcome is not well founded and fails.