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Employment Law Specialists

Successful sex discrimination claim for consultant of neuroradiology

Roxana Gunny v (1) Great Ormond Street Hospital for Children NHS Foundation Trust (2) Dr WK 'Kling' Chong – ET

Dr Gunny was employed by the Trust as a consultant in neuroradiology. Dr Chong was a senior member of the neuroradiology department.

Dr Gunny brought claims for sex discrimination, harassment and victimisation following a breakdown in her relationships with her team members, which caused her to become unwell.

The Tribunal found that Dr Gunny’s relationship with Dr Chong broke down following her return from maternity leave due to his stereotypical assumption that she would not be able to continue her full time role and would need to reduce her duties now that she was a mother. The Tribunal found that this view led to Dr Gunny suffering a number of detriments (including 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) constituted direct sex discrimination as Dr Chong did not hold the same view of men and did not treat men returning from paternity leave in this way. The Tribunal also found that an email sent to Dr Gunny by Dr Chong during her maternity leave setting out his view on her “changing priorities” was an act of harassment. The Tribunal found that a letter of complaint sent by Dr Chong and others and the failure of the Trust to uphold her grievance regarding Dr Chong’s treatment of her were acts of victimisation.

The team of lawyers at BDBF acting in this case was Arpita Dutt and Samantha Prosser.