NHS Manager awarded almost £1million for successful claim of discrimination

Author: Vanessa James

A former NHS manager, Elliot Browne, has been awarded £933,115 in compensation, succeeding in his Tribunal claim against the NHS for unfair dismissal and race discrimination;  one of the highest payments ever awarded for race discrimination.

The Tribunal found that Mr Browne had been subjected to “systematic discrimination” and “an intimidating environment” from 2007 until his dismissal in 2008 – although the losing Respondent did not see it that way and have appealed the decision.

Mr Browne worked for the Central Manchester University NHS Foundation Trust (“the Trust”) for 34 years, and became the first and only black man to hold the position of divisional director for clinical scientific services with the Trust.

Following the Trust’s concerns regarding budget management and leadership in his department, Mr Browne raised what the Tribunal deemed a “well-founded” complaint of discrimination. He claimed that his singling out for criticism was unfair and discriminatory when compared with his employer’s treatment of white colleagues. Following his complaint, the Trust were found by the Tribunal to have “closed ranks” and began disciplinary proceedings to dismiss him.

As a result, Mr Browne was signed off work with stress and claimed his employer’s treatment had left him close to a breakdown. Mr Browne was supported in his claim by Unite who called for the Trust to “tackle its culture of institutionalised racism.” The Tribunal award compensated Mr Browne for aggravated damages, demonstrating its view that the treatment suffered had a severe impact on his health.

This level of award, whilst unusual, demonstrates the Tribunal’s current view towards claims of discrimination. In the last 2-3 years we have noticed a marked shift in the Tribunal’s approach and the line of questioning used in hearings, which focuses on ‘subconscious discrimination’ to determine whether there is an inherent culture of discrimination within a workplace.

What is also important to understand is that while the Tribunal found that the treatment amounted to race discrimination, the Respondent did not appear to believe they discriminated.  We can also speculate about why the Respondent did not settle the matter before trial if it was in any way apparent to the Respondent or their legal team that they would lose to such an extent.  This shows that spotting the risks of such a case occurring in any organisation is not that straight forward.

Vanessa James is a Partner and Head of the Employment Department at SA Law. Vanessa specialises in discrimination claims, shareholder disputes and employee disputes.

To read more Unfair Dismissal related articles, click here.

If you would like more information or advice relating to a specific matter, please do not hesitate to contact Vanessa James on 01727 798089 or by email at vanessa.james@salaw.com or any member of the Employment Team.

© SA LAW 2012
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