LRD guides and handbook November 2012

Bullying and harassment at work - a guide for trade unionists

Chapter 2

Unite calls for independent inquiry into racism at Manchester NHS Trust

General union Unite has written to the health secretary asking for an independent inquiry into institutional racism at Manchester NHS Trust and an investigation into bullying and discriminatory management practices across the NHS, following the case of Elliot Browne:

After 34 years working for the NHS, Elliot Browne rose to become the first and only black man to hold the position of divisional director for clinical scientific services with the Central Manchester University Hospital NHS Foundation Trust. The Trust decided to take action following large overspends at three of its divisions. However, whereas the two white Divisional Heads were called to a one-to-one meeting, Mr Browne was told his job was at risk and was placed on the formal capability procedure. He lodged a grievance alleging race discrimination.

The Trust responded by initiating disciplinary proceedings against him. He invoked the NHS Fairness at Work policy, and pointed to statistics demonstrating that black employees were substantially more likely to be disciplined or dismissed at the Trust than white staff. The Trust ignored this evidence and instead summarily dismissed him.

The EAT upheld a finding by the employment tribunal that the dismissal proceedings were a sham, the Trust’s investigation was cursory and the Trust had no honest belief in his guilt or poor performance. It awarded Mr Browne, whose health was severely affected by the treatment he received, £933,115 for unfair dismissal, aggravated damages, lost earnings and pension.

Central Manchester University Hospital NHS Trust v Browne UKEAT/0294/11