Black psychiatric nurse passed over for dual diagnosis lead role: race and sex discrimination upheld
A Black African community psychiatric nurse with 15 years' service was found to have been discriminated against when two white female colleagues were appointed to a specialist lead role he was qualified for. The tribunal upheld his claims of direct race and sex discrimination and harassment.
2 min read · Last updated 19 May 2026
Case details
Key facts
- The Claimant, a Black African male, was employed as a Band 6 Care Co-ordinator from 3 March 2004 until his resignation on 9 December 2019.
- He completed Dual Diagnosis training between October 2016 and January 2017.
- Two white female colleagues who completed the training later were appointed as Dual Diagnosis Leads without the Claimant being asked.
- The Claimant raised grievances about bullying and discrimination, which were not upheld internally.
- He was issued a final written warning for failing to engage in supervision and comply with management instructions.
- The Claimant resigned citing a breach of trust and confidence due to being required to correspond with Ms Hogg during sickness absence.
Timeline
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Employment started
Claimant began working for the second Respondent as a Band 6 Care Co-ordinator.
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Dual Diagnosis training started
Claimant began a 5-day Dual Diagnosis training course, which ended on 12 January 2017.
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Incident with Ms Sodeinde
An incident occurred between the Claimant and his line manager Ms Sodeinde; the Claimant alleged aggressive behaviour.
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Further incident and email from Ms Hogg
Another incident occurred; Ms Hogg emailed the Claimant about his behaviour towards Ms Sodeinde.
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Alleged shouting incident
Claimant alleged Ms Hogg shouted at him in a condescending manner in front of colleagues.
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Grievance hearing
Stage I grievance hearing took place, resulting in the grievance not being upheld.
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Grievance appeal outcome
Appeal dismissed; non-negotiable directions issued for the Claimant's conduct.
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Disciplinary hearing
Held in the Claimant's absence; he was issued a final written warning for failing to engage in supervision.
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First claim presented
Claimant presented his first Employment Tribunal claim alleging discrimination.
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Resignation
Claimant resigned with immediate effect, citing breach of trust and confidence.
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Second claim presented
Claimant presented a second claim for constructive unfair dismissal, notice pay, and holiday pay.
The legal issue
The tribunal had to decide whether the claimant was subjected to direct race and sex discrimination and harassment when he was not asked to take on a specialist lead role, and whether he was constructively unfairly dismissed after resigning due to a breakdown in trust and confidence.
The outcome
The tribunal upheld the claimant's complaints of direct race and sex discrimination and harassment related to the Dual Diagnosis Lead appointment. However, his other discrimination complaints, constructive unfair dismissal, and breach of contract claims were dismissed.
- The claimant was awarded a remedy to be determined at a separate hearing; no damages figure was specified in the judgment.
- The tribunal found that the Trust's actions in appointing two white female colleagues over the claimant, who had completed the training first, were discriminatory.
- The constructive dismissal claim failed because the tribunal found that the final written warning and other actions did not amount to a fundamental breach of contract, and the claimant's resignation was not in response to a repudiatory breach.
Lessons & takeaways
- Employers should ensure that opportunities for specialist roles are openly advertised or that all qualified employees are considered, especially when there is a disparity in protected characteristics.
- A long-serving employee with relevant training should not be overlooked for a role that matches their qualifications without a clear, non-discriminatory reason.
- Resigning and claiming constructive dismissal requires showing that the employer committed a fundamental breach of contract that caused the resignation; a series of grievances may not suffice if the final act is not a breach.
- Tribunals will scrutinise the selection process for internal appointments where there is evidence of differential treatment based on race or sex.
What this case shows in practice
A Black African community psychiatric nurse with 15 years of service at South London and Maudsley NHS Foundation Trust completed Dual Diagnosis training in early 2017. Later that year, two white female colleagues who completed the same training were appointed as Dual Diagnosis Leads without the claimant being asked or considered. The tribunal found that this failure to consider him was direct race and sex discrimination and harassment.
The case highlights how seemingly routine decisions about internal appointments can carry discriminatory impact when employees with different protected characteristics are treated differently without justification. The claimant had raised grievances about bullying and discrimination, which were not upheld internally, and was later issued a final written warning for failing to engage in supervision. He resigned in December 2019, citing a breach of trust and confidence.
What the Trust could have done differently
The Trust could have avoided the discrimination finding by ensuring that all employees who completed the Dual Diagnosis training were given equal opportunity to apply for the lead role, or by providing a clear, non-discriminatory reason for selecting the two white female colleagues. The tribunal noted that the claimant was not even asked whether he was interested in the role.
On the constructive dismissal claim, the tribunal found that the Trust's actions—including the final written warning and requiring the claimant to correspond with a manager while on sick leave—did not amount to a fundamental breach of contract. The claimant's resignation was therefore not constructive dismissal. This shows that for a constructive dismissal claim to succeed, the employer's conduct must be so serious that it goes to the root of the employment relationship.
Why the result matters for similar claims
This case is a reminder that discrimination claims can succeed even where the employee has a long service record and the employer is a large public sector organisation. It also illustrates that not all grievances will lead to a finding of constructive dismissal, even if the employee feels they have been treated unfairly. Employees considering resigning should seek legal advice on whether the employer's actions amount to a repudiatory breach before doing so.
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