Accent mimicry and victimisation: ophthalmic technician wins race discrimination claim against Moorfields
An ophthalmic technician at Moorfields Eye Hospital was subjected to racist accent mimicry and victimised after complaining. The tribunal found she was constructively dismissed as a result of race discrimination and harassment.
1 min read · Last updated 18 May 2026
Case details
- #race-discrimination
- #harassment
- #victimisation
- #constructive-dismissal
- #stereotyping
- #return-to-work-failure
- #accent-mimicry
Key facts
- The claimant was employed as an ophthalmic technician from 8 April 2019 to 21 December 2020.
- On 23 September 2020, the claimant raised concerns about racism and discrimination after a team meeting.
- The claimant was moved from adult imaging to paediatrics on 25 September 2020 because of her complaint.
- Mr Holm sent an email on 22 October 2020 falsely stating the claimant's allegations were audible to patients.
- The claimant returned to work on 1 December 2020 without any return-to-work meeting or support.
- On 15 December 2020, the claimant was told her line manager was changed due to her behaviour, which was untrue.
Timeline
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Employment started
Claimant began work as an ophthalmic technician (Band 3).
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Accent mimicry incident
Mr Holm mimicked a Filipino nurse's accent in front of the claimant.
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Second accent mimicry incident
Mr Holm mimicked an Indian doctor's accent in front of the claimant.
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Team meeting and complaint
During a team meeting, staff raised concerns about racism. After the meeting, the claimant confronted Mr Holm about his response.
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Claimant moved to paediatrics
A new rota moved the claimant to work only in paediatrics, removing her from adult imaging.
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Email from Mr Holm
Mr Holm emailed the claimant stating she was moved because of her allegations and that they were audible to patients.
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Minutes circulated
Minutes of the 23 September meeting falsely attributed comments to the claimant, including 'political agenda'.
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Second team meeting
Mr Holm repeated that the claimant's allegations were audible to patients. BAME concerns were not addressed.
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Return to work
Claimant returned to work but received no support or return-to-work meeting, leading to a panic attack and further sick leave.
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Phone call about line manager change
Ms Tinkler told the claimant her line manager was changed due to her behaviour, which was false.
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Resignation
Claimant formally resigned, citing the discrimination and breach of trust.
The legal issue
The tribunal had to decide whether the claimant was subjected to direct race discrimination, harassment related to race, and victimisation, and whether those acts amounted to a constructive unfair dismissal.
The outcome
The tribunal upheld the claimant's claims of direct race discrimination, harassment, and victimisation, and found that she was constructively dismissed as a result of discrimination.
The key incidents included:
- A colleague mimicking the accents of a Filipino nurse and an Indian doctor in front of the claimant.
- After the claimant raised concerns about racism, she was moved to a different department without consultation.
- False statements were made about her allegations being audible to patients.
- She was not given a return-to-work meeting after sick leave, leading to a panic attack.
- She was falsely told her line manager had been changed due to her behaviour.
No compensation has been determined yet; a remedy hearing is to be scheduled.
Lessons & takeaways
- Accent mimicry can constitute racial harassment, especially when it targets or is witnessed by someone of the same race.
- Moving an employee who raises discrimination concerns to a different role without consultation can be seen as victimisation.
- Employers should always conduct a proper return-to-work meeting after sick leave, particularly for employees who have raised grievances.
- Making false statements about an employee's conduct or allegations can amount to victimisation and discrimination.
- Constructive dismissal claims can succeed where an employer's discriminatory conduct destroys the trust and confidence in the employment relationship.
This case shows how a series of seemingly isolated incidents can together create a hostile environment that forces an employee to resign. The claimant, an ophthalmic technician with less than two years' service, experienced racist accent mimicry by a colleague on two occasions. When she raised concerns about racism in a team meeting, she was moved from adult imaging to paediatrics without consultation — a move the tribunal found was because of her complaint.
What went wrong
Moorfields Eye Hospital failed to support the claimant after she raised discrimination concerns. Instead, a manager sent an email falsely stating her allegations were audible to patients, and minutes of a meeting attributed untrue comments to her. When she returned from sick leave, she received no return-to-work meeting or support, leading to a panic attack. Finally, she was told her line manager had been changed due to her behaviour — a statement that was untrue and further undermined trust.
The tribunal found that these acts amounted to direct race discrimination, harassment, and victimisation. Because the employer's conduct destroyed the mutual trust and confidence required in the employment relationship, the claimant's resignation was a constructive dismissal.
Why this matters
This case is a reminder that employers must take complaints of racism seriously and avoid retaliatory actions. Even employees with short service can bring discrimination claims, which have no qualifying period. The case also highlights that accent mimicry can be a form of racial harassment, and that failing to support an employee returning from sick leave can be part of a pattern of discrimination.
A remedy hearing will determine compensation, which may include injury to feelings and financial losses.
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