Care home nurses lose race discrimination claims over police report and sackings
Three Romanian nurses claimed race discrimination after a care home reported them to police for removing a deceased resident's belongings. The tribunal dismissed all claims, finding the employer's actions were based on their professional duties, not race.
1 min read · Last updated 18 May 2026
Case details
- #race-discrimination
- #harassment
- #police-report
- #suspension
- #disciplinary-action
- #nursing-code-of-conduct
- #gifts-policy
Key facts
- The claimants were registered nurses at a care home operated by the respondent.
- After a resident died, the claimants and other staff removed belongings from the resident's room.
- The respondent reported the claimants to the police, who arrested them; other staff were not arrested.
- The claimants were suspended and subjected to disciplinary action; Mrs Sava was dismissed, Mr Viorel received a final written warning.
- The respondent's managers gave evidence that decisions were based on the claimants' status as nurses and their breach of the NMC Code, not on race.
- The tribunal found no evidence of race discrimination or harassment and dismissed all claims.
Timeline
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Resident dies
A long-term resident of the care home died at about 11:20 pm.
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Belongings removed
The claimants and other staff removed a large quantity of the deceased resident's belongings from his room, allegedly with oral permission from the unit manager.
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Manager discovers removal
Centre manager Wendy Lawther discovered the room had been stripped and reviewed CCTV footage.
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Police called and arrests
Ms Lawther reported the incident to the police, providing names of five employees. The police arrested the three claimants.
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Suspension confirmed
The claimants were formally suspended in writing.
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Grievance hearings
Amanda Scott held grievance hearings for Mr Viorel and Mrs Sava regarding their treatment.
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Grievance outcomes
Ms Scott rejected the grievances.
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Grievance appeal hearings
Appeals against grievance outcomes were heard.
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Ms Vaduva resigns
Ms Vaduva resigned, citing humiliation and feeling forced out due to discrimination.
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Disciplinary hearings
Ms Willis-Read conducted disciplinary hearings for all three claimants.
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Mrs Sava dismissed
Mrs Sava was dismissed for gross misconduct.
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Appeal outcomes
Appeals against disciplinary sanctions were rejected by Ms Scott.
The legal issue
The tribunal had to decide whether the care home's actions—reporting the nurses to police, suspending them, and disciplining them—amounted to race discrimination or harassment under the Equality Act 2010, or whether they were justified by the nurses' breach of professional and company policies.
The outcome
The tribunal dismissed all claims of race discrimination and harassment brought by three Romanian registered general nurses against Aspen Care Village Ltd.
The key reason was that the employer's decisions were based on the nurses' status as registered professionals and their breach of the Nursing and Midwifery Council (NMC) Code, not on their race. The tribunal accepted that the employer would have treated any nurse in the same position identically.
No compensation was awarded as all claims failed.
Lessons & takeaways
- Employers can treat registered professionals differently from other staff if the difference is based on their professional obligations, not a protected characteristic.
- Reporting an employee to the police does not automatically amount to discrimination if there is a genuine belief that a crime has been committed.
- A consistent disciplinary process that applies professional standards equally to all staff can help defend against discrimination claims.
- Claimants alleging discrimination must provide evidence that race was a factor, not just that they were treated unfavourably.
What this case shows in practice
Three Romanian nurses working at a care home operated by Aspen Care Village Ltd were reported to the police after they removed belongings from a deceased resident's room. The nurses claimed they had oral permission from a manager, but the care home's centre manager discovered the room had been stripped and called the police. The nurses were arrested, suspended, and faced disciplinary action. One was dismissed, another received a final written warning, and the third resigned.
The nurses argued that they were treated differently from non-Romanian staff who were also involved but were not arrested or disciplined. They said this amounted to race discrimination and harassment. However, the tribunal found that the employer's decisions were based on the nurses' status as registered nurses and their breach of the NMC Code, which imposes strict duties on patient property. The employer's managers gave evidence that they would have taken the same action against any nurse in the same situation.
What the losing side could have done differently
The nurses' case failed because they could not show that their race played any part in the employer's actions. The tribunal accepted that the employer had a legitimate reason for treating nurses differently from other staff—their professional obligations. The nurses might have succeeded if they had evidence that the employer had treated non-Romanian nurses more leniently in similar circumstances, but no such evidence was presented.
Why the result matters for similar claims
This case highlights that employers can differentiate between staff based on their professional roles without it being discriminatory. It also shows that reporting employees to the police, while serious, is not automatically discriminatory if done in good faith. For employees bringing discrimination claims, the burden is on them to prove that a protected characteristic was a factor. Without direct or circumstantial evidence of race being a reason for the treatment, claims are likely to fail.
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