Italian nurse unfairly dismissed after hospital failed to provide interpreter at disciplinary hearing

What this case shows in practice

This case highlights the importance of ensuring fair process for employees who are not native English speakers. The nurse, an Italian registered nurse working night shifts on a neuro-disability ward, was suspended after a patient complained about his conduct. Despite the investigator recommending an interpreter for the disciplinary hearing, the hospital did not provide one. The tribunal found that this failure put the nurse at a substantial disadvantage compared to native English speakers, amounting to indirect race discrimination.

What the losing side could have done differently

The hospital could have avoided the finding of indirect discrimination by simply providing an interpreter as recommended. Additionally, the investigation was flawed in other respects: the nurse was not kept properly informed, and the decision-maker reached conclusions before the investigation was complete. A more thorough and fair process might have led to a different outcome or at least avoided the finding of unfair dismissal.

Why this result matters for similar claims

This case serves as a reminder that employers must take reasonable steps to ensure that employees with limited English can fully participate in disciplinary proceedings. Failing to do so can result in findings of discrimination and unfair dismissal, even if the underlying misconduct allegations are serious. The case also shows that tribunals will scrutinise the entire process, not just the final decision.