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Discrimination at work: black nurse wins ‘landmark’ tribunal case

Judgement finds against NHS England after nurse Michelle Cox experienced racism from her team in what was described as an ‘intimidating, hostile and humiliating’ workplace
Nurse Michelle Cox, who won a tribunal case against NHS England on the grounds of discrimination

Judgement finds against NHS England after nurse Michelle Cox experienced racism from her team in what was described as an ‘intimidating, hostile and humiliating’ workplace

Nurse Michelle Cox, who won a tribunal case against NHS England on the grounds of discrimination
Michelle Cox. Picture: Steve Biko Housing Association

A black nurse has won a ‘landmark’ tribunal case against NHS England after it was found she faced discrimination because of her race and for whistleblowing.

A judgement published on 21 February found registered nurse Michelle Cox had been excluded by her manager who had created an ‘intimidating, hostile and humiliating’ workplace.

Ruling ‘proves institutional racism is still present in organisations’

‘I am delighted with the outcome,’ said Ms Cox, who was represented by the RCN’s counsel at the tribunal. ‘I was confident that the evidence put forward demonstrated a pattern of discriminatory behaviours due to the colour of my skin.

‘It sadly proves that institutional racism is still present in organisations, despite the efforts to make it more inclusive for people of all races and backgrounds.’

Factors involved in Ms Cox’s grievance

Ms Cox joined NHS England in May 2017 as a continuing healthcare manager and a year later was appointed the regional lead to the chief nursing officers’ black minority ethnic (BME) strategic advisory group in the North West.

At the time she was the only black nurse to be employed in NHS England’s North region, and in 2019 began experiencing racial discrimination at work.

She was excluded from team awaydays, was not informed when white members of her team were promoted without due process, and was excluded from recruitment for senior posts in her team despite being a senior manager herself in an band 8 role.

Ms Cox raised a grievance with NHS England over her treatment by manager Gill Paxton, along with concerns over discriminatory recruitment processes and legal breaches of work practices, as well as confidential information about her health being discussed by her manager with a junior team member.

Ruling finds discrimination due to race

An internal investigation by NHS England dismissed her claims, but the tribunal found this process had been deeply flawed and ruled in Ms Cox’s favour, finding the discrimination was because of race.

The RCN’s legal team called it a landmark ruling as the inadequate internal investigation was seen by the judge as evidence of discrimination in itself.

The ruling comes as the NHS Workforce Race Equality Standard (WRES) report, published this week, identifies black nurses as the ethnic group most likely to experience discrimination from colleagues at work.

Nurse hopes judgement will inspire other nurses

Ms Cox said: ‘I want this outcome to send a strong message to anyone facing similar behaviour in the workplace, particularly due to race, to have the courage to speak up.

‘A little too often does this behaviour just become the ‘norm’ for many colleagues. It needs to be challenged more often and organisations need to work towards a no-tolerance policy where discriminatory attitudes and behaviour, and racism, are concerned. I now wish to take time to heal and recover.’

An NHS England spokesperson said: ‘No one should ever experience racism, discrimination or prejudice at work, and NHS England will fully consider the learning from the employment tribunal.’


Further information

Read Ms Cox’s employment tribunal decision in full


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