Nurse sacked for allegedly trying to discredit hospital during CQC inspection cleared by tribunal

A nurse who was sacked by a private hospital provider treating NHS patients which believed she had deliberately tried to sabotage its Care Quality Commission inspection has won a tribunal. 

An employment tribunal found Care UK’s dismissal of Lorna Jarrett carried “the taint of race discrimination” and said the company had provided no evidence of any malice on her part.

Ms Jarret worked at the North East London Treatment Centre. The judgment said management at the facility were convinced Ms Jarrett had deliberately faxed confidential patient identifiable data to the inspectorate instead of the GP surgery they were supposed to be sent to. This incident occurred in the week of the centre’s CQC inspection.

However, the tribunal ruled Care UK “did not explore any evidence that might support the claimant’s account and disbelieved her explanation”. It added: “Finding that she sent the fax deliberately and maliciously demands an explanation.”

The tribunal judgment said it was Ms Jarrett’s case that “subconscious bias was in play” and found Care UK had not explained the “lack of any motive”.

Employment judge Lewis said: “Whilst we accept that Mr O’Brien did not consciously discriminate against the claimant because of her race we find that the factors relied on, her demeanour, attitude, her supposed lack of remorse, are matters that demonstrate subconscious bias and are not free from the taint of race discrimination. We find that the respondent has failed to discharge the burden on it to explain the difference in treatment.”

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Source: HSJ, 15 December 2021