In Hastings v Kings College Hospital NHS Foundation Trust, H, who is black and of African Caribbean origin, was dismissed on the grounds of gross misconduct in respect of an incident that occurred in the Trust’s car park with a third party delivery driver. H had been parking his car when a white van accelerated very quickly, and the driver was swearing at him as he passed. H approached the van and the driver, explaining that he was speeding and that he wanted to take his number plate. The driver was abusive to H, swore at him and made a racist remark. The ET found that the procedural and substantive failings identified in the investigation were less favourable treatment of because of race. The approach to the investigation and in the report reflected a preconceived view that H, as a Black male, was the aggressor in the incident and this view permeated the entire process. The ET also found the dismissal to be procedurally and substantively unfair, particularly because; (i) the evidence did not point to an act of gross misconduct; (ii) the Trust’s failure to investigate H’s allegations of race discrimination against the driver; and, (iii) the failure to take H’s 20 years 0f service and previous unblemished record into account. The ET awarded H £1,000,000, including £33,000 for injury to feelings and £40,000 for personal injury.
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This update provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and help judgments made in every aspect of the case. Click on the links to access full details. If no link is provided, contact us for more information. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, SM&B cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.
This provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and the judgments made in every aspect of the case. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, we cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.
