Sex discrimination, harassment, recriminations and a failed grievance process.

A SIXTH ANNIVERSARY MESSAGE FROM GARETH BRAHAMS, MANAGING PARTNER OF BDBF

 

Sex discrimination, harassment, recriminations and a failed grievance process.

Specialist employment lawyers BDBF represented NHS Consultant Neuroradiologist, Dr Roxana Gunny, in her successful sex discrimination claim against Great Ormond Street Hospital

Specialist employment and discrimination solicitors Arpita Dutt and Samantha Prosser of BDBF successfully represented a senior NHS Consultant who faced a lengthy campaign of direct sex discrimination, harassment and victimisation from her consultant colleague, Dr Wui Khean ‘Kling’ Chong, and her employer, Great Ormond Street Hospital between 2014 and 2017.

The London Employment Tribunal ruled that stereotypical assumptions had been made by Dr Chong that Dr Gunny would not be able to continue with some of her long-standing professional obligations in the Neuroradiology team as a new mother returning to her role from maternity leave.

The lengthy period of harassment towards Dr Gunny included discriminatory emails, an attempt to remove a specialist meeting from her, criticisms of her to management and third party colleagues, attempts to stir up discord between Dr Gunny and her hospital colleagues, isolating her, dismissive behaviour in departmental meetings, and the covert surveillance of her movements in an attempt to discredit her.

Dr Gunny submitted two grievances alleging that she had been discriminated against on the basis of her sex and detailing the adverse impact on her. In retaliation, Dr Gunny’s colleague raised a counter-grievance against her. Great Ormond Street Hospital failed to find in favour of Dr Gunny’s grievance.

The Employment Tribunal stated that Great Ormond Street Hospital was ‘determined to avoid a finding of discrimination’ and ‘avoided making any findings about the obviously discriminatory comments’ made in emails to her. It found that the hospital’s decision not to uphold Dr Gunny’s grievance and the raising of the counter-grievance were acts of victimisation against her.

Dr Gunny was represented at the Employment Tribunal in her successful claim by Schona Jolly QC of Cloisters Chambers.

Arpita Dutt and Samantha Prosser are specialist employment lawyers  at leading employment law firm BDBF advising medical consultants , clinical academics, and senior NHS staff involved in grievance and disciplinary investigations, equality and whistleblowing cases.  Please contact 0203 828 0350 for further information.

Read the online judgment