Nurse given final warning over stair gate incident: race discrimination claim fails
A care home nurse who claimed race discrimination after receiving a final written warning for a fire safety breach has had his claim dismissed. The tribunal found no less favourable treatment compared to other staff.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was a nurse at a care home and was the senior staff member on night shifts.
- On 16 July 2020, a care assistant tied a stair gate with a call bell, creating a fire safety risk.
- The claimant agreed to the tying of the gate and accepted responsibility as the senior staff member.
- The claimant received a final written warning; other staff were dealt with via probation processes or resigned.
- The claimant resigned by text message on 7 September 2020 and later attempted to withdraw the resignation.
- The respondent did not consent to the withdrawal, so the resignation took effect.
Timeline
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Stair gate incident
On night shift, a care assistant tied a stair gate with a call bell. The claimant, as senior staff, agreed to this.
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Ionut Oprea resigns
Another nurse, Ionut Oprea, resigned during his probationary period before any disciplinary action.
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Lenuta Ionita dismissed
Care assistant Lenuta Ionita was dismissed during her probationary period, partly due to the stair gate incident.
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Claimant receives final written warning
The claimant was issued a final written warning following a disciplinary process for the stair gate incident.
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Claimant resigns
The claimant sent a text message to Rebecca Challenger resigning with immediate effect. He later emailed Alex Crew to put the resignation on hold.
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NMC referral
The respondent referred the claimant to the Nursing and Midwifery Council (NMC) regarding the events of 6 and 7 September 2020.
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Claimant learns of NMC referral
The claimant received paperwork from the NMC informing him of the referral.
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Application to amend claim
The claimant applied to amend his claim to include race discrimination and detriment for making a protected disclosure arising from the NMC referral.
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Preliminary hearing
Employment Judge Alliott held a preliminary hearing, granting permission to amend and ordering a deposit for certain claims.
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Final hearing
Employment Judge Anstis, Mr Kapur, and Ms Tufts dismissed all claims.
The legal issue
The tribunal had to decide whether the nurse was subjected to direct race discrimination when he received a final written warning for a fire safety incident, and whether he was entitled to notice pay after resigning.
The outcome
The tribunal dismissed all claims. The nurse's race discrimination claim failed because the comparators (other staff involved in the same incident) were treated similarly or more severely. The nurse resigned by text and the respondent did not consent to withdrawal, so the resignation was effective and no notice pay was due. No compensation was awarded.
Lessons & takeaways
- When claiming discrimination, you must show you were treated less favourably than someone in similar circumstances – a comparator is essential.
- Resigning by text message can be a valid resignation; if the employer does not agree to withdraw it, the employment ends.
- A final written warning for a serious safety breach is likely to be reasonable if other staff face similar or worse consequences.
- Representing yourself at tribunal is possible but having legal representation can help frame complex discrimination arguments.
What this case shows in practice
This case highlights the challenges of proving race discrimination when an employer takes disciplinary action for a genuine safety breach. The nurse was the senior staff member on a night shift when a care assistant tied a stair gate with a call bell, creating a fire risk. The nurse agreed to this and accepted responsibility. The employer issued a final written warning, while other staff involved were either dismissed during probation or resigned.
What the losing side could have done differently
The nurse argued that the warning was discriminatory because a white nurse in a similar situation had been treated more leniently. However, the tribunal found that the comparators were not in materially different circumstances – one resigned before any disciplinary action, and the other was dismissed. The nurse could have strengthened his case by providing a more directly comparable colleague who received a lesser sanction for identical conduct.
Why the result matters for similar claims
This decision reinforces that employers can take firm disciplinary action for safety breaches without fear of discrimination claims, provided they apply consistent standards. It also confirms that a resignation by text message is binding if the employer does not accept a withdrawal. For employees, it underscores the importance of understanding that resignation is a final act – attempting to retract it later may not succeed.
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