Advice Clinic - Unfair Dismissal and Discrimination
The claimant, who was black, was employed for 9 months as a mental health lead to provide care to patients needing mental health interventions. During her employment she claims she was offered and accepted a manager role which involved running a challenging behaviour unit. Following a meeting with her employer in June 2012 she claims the company demoted her from the Manager role as a result of staff complaints concerning her conduct. In this meeting she verbally resigned and claims the employer asked her to reconsider and offered her a junior manager post which she accepted, only to find one month into the post she was told she was being demoted again back to the original mental health lead role due to financial difficulties in the care home. She was subsequently dismissed for various misconduct allegations which the care home felt would threaten the safety of particular vulnerable service users. The claimant alleged she was unfairly dismissed and that she suffered race discrimination. The key issues for the tribunal to determine were:
- Was she discriminated against and dismissed on the grounds of her race?
- Was she a manager and was her demotion linked to her colour?
- Did she suffer any form of different treatment to her colleagues?