Locum doctor's race discrimination claim dismissed after pandemic contract termination
A locum ENT doctor at Royal Cornwall Hospital NHS Trust lost her race discrimination and harassment claim after the tribunal found her contract was ended due to COVID-19 financial pressures, not her race.
1 min read · Last updated 18 May 2026
Case details
- #locum-doctor
- #covid-19-pandemic
- #termination-of-contract
- #on-call-accommodation
- #rolled-up-holiday-pay
Key facts
- The claimant was employed as a locum ENT doctor from January 2020 until her dismissal on 5 May 2020.
- Her employment was terminated due to a hospital-wide directive to end all locum contracts because of the COVID-19 pandemic.
- The claimant alleged race discrimination and harassment, but the tribunal found no evidence to support these claims.
- A white locum consultant was also dismissed at the same time.
- The claimant's holiday pay was paid as rolled-up holiday pay at 12.07% uplift, which was transparent and comprehensive.
- The claimant was paid in full for her final week's work after a dispute over hours.
Timeline
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Claimant commenced employment
Dr Oduwaiye started as a locum ENT doctor at Royal Cornwall Hospital NHS Trust, covering maternity leave.
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Signed fixed-term contract
Claimant signed a contract of temporary employment with an end date of 4 November 2020, subject to earlier termination on statutory notice.
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Rota change due to colleague's sick leave
Due to Miss Srinivasan's fractured wrist, the claimant was redeployed to cover outpatient clinics, reducing her theatre sessions.
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Evicel glue enquiry
Mr Reddy emailed about Evicel glue usage; claimant replied explaining her use, and Mr Reddy noted it needed proper business planning.
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COVID-19 cancellations began
The hospital cancelled most outpatient appointments and non-emergency surgeries due to the pandemic.
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Mr Gray questioned need for claimant
Mr Gray emailed asking if the department could manage without the claimant, given reduced services.
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Directive to end all locum contracts
Senior management directed that all locum contracts must cease by 31 May 2020 due to financial pressures from COVID-19.
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Claimant given one week's notice
Mr Gray formally notified the claimant of termination, effective 5 May 2020, citing the pandemic and financial constraints.
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Claimant's last working day
Claimant worked her last day and then returned home, not working her notice period.
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Claimant presented tribunal claim
Dr Oduwaiye filed claims for race discrimination, harassment, unpaid notice pay, and holiday pay.
The legal issue
The tribunal had to decide whether the locum doctor was directly discriminated against and harassed because of her race when her contract was terminated, and whether she was owed unpaid notice pay and holiday pay.
The outcome
The tribunal dismissed all claims brought by the locum doctor against Royal Cornwall Hospital NHS Trust.
- Race discrimination and harassment claims: The tribunal found no evidence that the doctor's race played any part in the decision to end her contract. The decision was driven by a hospital-wide directive to cease all locum contracts due to the COVID-19 pandemic. A white locum consultant was also dismissed at the same time.
- Unpaid notice pay and holiday pay claims: The tribunal found that the doctor was given proper notice and was paid for her final week's work. Her holiday pay was paid as rolled-up holiday pay at 12.07% uplift, which was transparent and comprehensive.
- No compensation was awarded.
Lessons & takeaways
- If you believe you have been discriminated against, gather evidence of less favourable treatment compared to someone without your protected characteristic.
- Employers can end fixed-term contracts early if there is a genuine business reason, such as a pandemic, as long as the process is fair and non-discriminatory.
- Rolled-up holiday pay is lawful if it is transparent and agreed upon, but it must be clearly stated in the contract.
- Representing yourself in a discrimination claim can be challenging; consider seeking legal advice or support from an equality organisation.
A pandemic-driven decision
This case highlights how the COVID-19 pandemic created unprecedented pressures on the NHS, leading to difficult staffing decisions. The locum ENT doctor, who had only been employed since January 2020, saw her contract terminated in May 2020 when the hospital decided to end all locum contracts to save money. She alleged that her race was the reason for her dismissal, but the tribunal found no evidence to support this.
What the employer did right
Royal Cornwall Hospital NHS Trust was able to show that the decision to end locum contracts was a hospital-wide directive, not targeted at the claimant. A white locum consultant was also dismissed at the same time. The trust also demonstrated that the doctor's holiday pay arrangements were transparent and that she was paid for her final week's work. The tribunal accepted that the trust had a genuine financial need to reduce costs during the pandemic.
Why this matters for similar claims
This case serves as a reminder that discrimination claims require evidence of less favourable treatment because of a protected characteristic. In the absence of such evidence, a genuine business reason for dismissal will be accepted. It also underscores the importance of clear contractual terms for holiday pay and notice periods, especially for temporary workers.
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