Medical secretary dismissed for racist comments: NHS trust's decision upheld
An employment tribunal has upheld the dismissal of a medical secretary who made racist comments about a colleague's appointment, finding the NHS trust acted reasonably.
1 min read · Last updated 19 May 2026
Case details
- #racist-comments
- #gross-misconduct
- #investigation
- #disciplinary-hearing
- #appeal
- #consistency-of-treatment
Key facts
- The claimant was employed as a medical secretary from 11 September 2017 to 7 November 2022.
- On 15 February 2022, the claimant allegedly made racist comments about a colleague's appointment.
- The respondent investigated and found a case to answer, leading to a disciplinary hearing.
- The disciplinary panel dismissed the claimant for gross misconduct after finding she made the comments.
- The claimant's appeal was rejected by an appeal panel.
- The tribunal found the dismissal was fair and within the range of reasonable responses.
Timeline
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Alleged racist comments made
The claimant allegedly told Leanne Roberts that Albert Adefuye was hired because he is black and that Angela McIntosh could no longer use the race card.
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Complaints reported
Amy Moreman was informed of complaints against the claimant regarding racist comments and intimidating behaviour.
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Claimant transferred to renal department
The claimant was moved from cardiology to renal department pending investigation.
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Claimant suspended
The claimant was suspended on full pay pending investigation into allegations of gross misconduct.
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Claimant interviewed by investigator
Angela Nicholls interviewed the claimant, who was accompanied by a union representative.
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Investigation report completed
Angela Nicholls found a case to answer regarding the racist comments and recommended disciplinary action.
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Disciplinary hearing scheduled
The claimant was invited to a disciplinary hearing set for 7 December 2022.
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Disciplinary hearing and dismissal
The disciplinary panel found the claimant guilty of making racist comments and summarily dismissed her.
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Appeal hearing
The claimant's appeal was heard by Emma Joel, who upheld the dismissal.
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Appeal outcome
Emma Joel confirmed the dismissal in a letter to the claimant.
The legal issue
The tribunal had to decide whether the respondent had a genuine belief, on reasonable grounds after a reasonable investigation, that the claimant made racist comments, and whether dismissal was within the range of reasonable responses.
The outcome
The tribunal dismissed the claim of unfair dismissal, ruling that the Sheffield Teaching Hospitals NHS Foundation Trust acted fairly.
The key reason was that the trust conducted a thorough investigation and disciplinary process, and the decision to dismiss for gross misconduct was within the range of reasonable responses for an employer in similar circumstances.
No compensation was awarded as the dismissal was found to be fair.
Lessons & takeaways
- Employers should ensure investigations into allegations of gross misconduct are thorough and impartial, including interviewing relevant witnesses and giving the employee a chance to respond.
- Consistency of treatment is important: if another employee who made a similar comment was not dismissed, the employer must be able to show a reasonable basis for the different outcome.
- Employees should be aware that racist comments in the workplace can lead to summary dismissal for gross misconduct, even if the employee has a good length of service.
- Representation at disciplinary hearings can be crucial: the claimant represented herself, while the trust had legal counsel, which may have affected the outcome.
This case shows how seriously employment tribunals take allegations of racist comments in the workplace. The medical secretary, who had five years' service, was dismissed after allegedly telling a colleague that a doctor was hired because he is black and that another colleague could no longer 'use the race card'. The trust investigated, held a disciplinary hearing, and dismissed her for gross misconduct.
What the tribunal considered
The tribunal examined whether the trust had a genuine belief in the allegations, based on reasonable grounds after a reasonable investigation. It found that the investigation was thorough: the investigator interviewed the claimant and witnesses, and the disciplinary panel considered the evidence carefully. The claimant argued that the witnesses were biased and that another employee who made a racist comment was not dismissed, but the tribunal noted that the other employee's comment was found not to be racist after investigation.
The tribunal also rejected the claimant's argument that her dismissal was due to sickness absence rather than conduct, as the trust had clearly relied on the racist comments as the reason.
What the trust did right
The trust followed a proper disciplinary procedure: it suspended the claimant on full pay, conducted a fair investigation, gave her the opportunity to respond, and held an appeal. The tribunal found that the decision to dismiss was within the range of reasonable responses for an employer in the healthcare sector, where equality and diversity are paramount.
Why this matters
This case reinforces that employers can dismiss for gross misconduct if they have a genuine belief based on reasonable grounds, even if the employee disputes the allegations. It also highlights that consistency of treatment is not absolute: different outcomes for similar conduct can be justified if the circumstances differ, such as the nature of the comment or the strength of the evidence.
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