Mr A Rahim v Heart of England NHS Foundation Trust and Dr J Shakher: 1300333/2016 and 1302081/2016
| Jurisdiction | England & Wales |
| Judgment Date | 21 October 2018 |
| Citation | 1300333/2016 and 1302081/2016 |
| Court | Employment Tribunal |
| Published date | 30 October 2018 |
| Subject Matter | Disability Discrimination |
Case Number 1300333/2016
1302081/2016
1
VCD
EMPLOYMENT TRIBUNALS
BETWEEN
Claimant Respondent
Mr A Rahim AND R1 Heart of England NHS
Foundation Trust
R2 Dr. J Shakher
JUDGMENT OF THE EMPLOYMENT TRIBUNAL
HELD AT Birmingham ON 18, 19, 20, 21, 22, 25, 26, 27,
28 September,
2, 3, 4, 6, 9, 10, 11,12, 16,
17, 19, 20, 23, 24, 25 October
Reserved decision in chambers
26, 27, 31 October, 1 November 2017,
8, 9, 10 January 2108
EMPLOYMENT JUDGE VC DEAN
MEMBERS Mrs C Wegg
Mrs I Fox
Representation
For the Claimant: Mr S John, of counsel
Case Number 1300333/2016
1302081/2016
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For the First Respondent: Mrs H Barney,of counsel
For the Second respondent: Mr E Beever, of counsel
Judgment
The unanimous judgment of the tribunal is:
1. The Tribunal does not have jurisdiction to entertain the claimant’s
complaints against the respondents in respect of all allegations insofar as
they relate to events before 23 September 2015 which were presented out
of time.
2. The claimant’s claims in respect of unlawful discrimination in breach of
section 13 and 27 of the Equality Act 2010 because of the protected
characteristic of race discrimination against the first and second respondent
were not well founded and are hereby dismissed.
3. The claimant’s claims in respect of victimisation contrary to the provisions
of section 27 of the Equality Act 2010 against the first and second
respondent were not well founded and are hereby dismissed.
4. The claimant claims against the first respondent that they failed to make
reasonable adjustments contrary to the provisions of section 20 and section
21 of the Equality Act 2010 are not well founded and are hearby dismissed.
Reasons
1. Background
1.1. The first respondent provides acute hospital and community
healthcare from a number of locations including Birmingham
Heartlands Hospital, Solihull Hospital and Community Services,
Good Hope Hospital in Sutton Coldfield and the Birmingham Chest
Clinic. Circumstances which give rise to the complaints brought by
Dr. Rahim are based around his employment by the respondent as a
Case Number 1300333/2016
1302081/2016
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Consultant physician and Endocrinologist working in the main at
Birmingham Heartlands Hospital, part of the Heart of England NHS
Foundation Trust. The claimant began employment with the
respondent on 17 February 2003 as a consultant and he remains in
the employment of the Trust in that substantive role.
1.2. The claimant has made claims of direct race discrimination and
harassment and victimisation against the first respondent his
employer and second respondent another consultant within the first
respondents employment and failure to make reasonable
adjustments against the first respondent his employer. The claims of
direct discrimination and harassment are said by the claimant to date
back as far as 2003. The claimant describes his racial origin as
being of British nationality, and of Pakistani national or ethnic origin.
The claimant alleges that the second respondent, and 2 other
alleged discriminators, are of Indian origin however the second
respondent states that he is of Burmese origin and he previously
held Indian citizenship before obtaining British citizenship in 2005.
The claimant complains that he has been subjected to a series of
detrimental acts/less favourable treatment from 2003 to January
2016 amounting to direct race discrimination and harassment both
individually and collectively as a campaign of targeted and
undermining behaviour and by the second respondent, latterly in
conjunction with others for which the first respondent is vicariously
liable. The claimant also alleges that having done protected acts he
is subject to victimisation.
1.3. In addition the claimant asserts that he is disabled by anxiety and
depression and that the first respondent failed to make reasonable
adjustments and as a result he was treated less favourably because
of his disability.
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