Bullying, race and sex discrimination at the Grampian Health Board

Mrs Sumithra Hewage was a Sri Lankan consultant orthodontist and Head of Department with the Grampian Health Board. She worked there for 12 years until she resigned in 2005 alleging constructive dismissal, sex and race discrimination. Her resignation was prompted by bullying by two female employees, Mrs Strachan and Mrs Munro. They were verbally abusive, hostile and aggressive towards Mrs Hewage who, feeling unable to raise the matter herself, consulted an occupational health doctor who wrote to the CEO on her behalf. At a meeting with the CEO, she explained that she was not able to work with the two bullies and was considering her position.

She was not the first to complain to senior management about Mrs Strachan. In 2002, a male senior consultant had refused to work with her after she accused him of deliberately manipulating waiting lists. The Board responded quickly with a department reorganisation to remove the need for him to work with Mrs Strachan.

The two female staff members also blocked operational requests by Mrs Hewage, although when Mrs Hewage later resigned, the same requests were then immediately agreed to when made by her male successor.

Mrs Hewage made a formal complaint which was investigated under the Board’s Dignity at Work policy. The final report was full of mistakes, including a false accusation by Mrs Strachan that Mrs Hewage was herself a bully. Distressed by the report, Mrs Hewage asked for Mrs Strachan to be stripped of her management responsibilities. Instead, the final report reached no conclusions and recommended no action and Mrs Hewage was told that the bullies now demanded an apology. She resigned and brought her tribunal claim. The Board conceded that Mrs Hewage had been constructively and unfairly dismissed, and the tribunal upheld her claims of discrimination.

The Supreme Court upheld her claim for discrimination, because of the Board’s “astounding and inexplicable” difference in approach to the white male consultants.

Hewage v Grampian Health Board [2012] UKSC 37