Employment Tribunal awards for Racial Discrimination and Unfair Dismissal
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5th Jan 2010
An assistant director of nursing won her case for race discrimination against
her former employer, the University Hospitals Trust, and was awarded £115,000
compensation.
Dr Saiger was born in the UK and is of mixed race. She was told during an
appraisal that she was the “wrong colour and wrong culture” for Cumbria, where
she worked. Her employer denied using those words in an Employment Tribunal but
the tribunal ruled that he had more likely than not used those words and found
she had been unfairly dismissed and subject to discrimination on grounds of
race.
The employee later commented that she felt as if she was being told that she
was not going to be promoted to the post of director from her post as assistant
director on the basis of her race rather than her ability to do the job. She was
sacked after raising a grievance about her treatment.
In a similar case, Derby Specialist Fabrication Ltd v Burton, the employee
was awarded just over £19,000 in compensation for constructive dismissal and
racial discrimination which included an award for injury to feelings. In this
case the Employment Tribunal found that the employer allowed widespread racial
abuse in the workplace and that the personnel manager did not appear to
understand that black employees might find it offensive to be called racially
abusive names.
If you have been refused promotion or training on the basis of your race,
colour or ethnic origin, you could have a claim for racial discrimination.
Unlike unfair dismissal where you have to have worked for your employer for at
least 12 months, there is no length of service limit for racial discrimination.
If you think you have been discriminated against on the grounds of your race,
colour or ethnic background, please contact Ashley Hunt, Vaishali Thakerar or
Carrie-Ann Randall on 0116 212 1000.
About the Author
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