Improper investigation and assumptions of guilt led to an award of nearly £450,000

A senior clinical research leader has been awarded almost £450,000 after an employment tribunal ruled that he was unfairly dismissed and subjected to direct race discrimination.

The tribunal found that the dismissal occurred following allegations of bullying and harassment that were largely based on second-hand accounts. It concluded that the disciplinary process was fundamentally flawed and that the outcome had effectively been decided in advance.

The employee had worked for the organisation for more than 15 years and held multiple senior roles within its clinical research and innovation functions. He earned a six-figure salary and managed a team of more than 50 staff. He also previously chaired an internal staff network representing ethnic minority employees.

The disciplinary process began after a complaint was raised by a member of his management team, who alleged bullying, inappropriate behaviour and failures to follow internal procedures. The complaint included references to former employees who were said to support the allegations. However, the tribunal found that the claims relied heavily on hearsay and related largely to historic events.

Despite the seriousness of the allegations, the employee was not suspended and was not provided with full details of the complaint until several months later. An internal investigation was eventually launched and led by a senior nurse manager, who interviewed the employee during the process.

During that interview, the employee raised concerns about performance issues involving the complainant and others named in the complaint. He was told that members of his team felt unable to raise concerns with him, to which he responded that he was saddened by that perception.

The employee questioned why he was being investigated and suggested that race may have played a role, a comment the investigator later described as inappropriate. In her report, the investigator concluded that there was evidence of bullying and misuse of authority, though she accepted that the behaviour was not malicious. She characterised the issue as developmental rather than disciplinary and did not recommend formal action.

However, after the report was shared with senior management, the decision was taken to escalate the matter to a disciplinary hearing. During the investigation, a senior manager was found to have made a remark suggesting the employee would “play the race card” if challenged. The tribunal later relied on this comment as evidence of discriminatory thinking within the organisation.

The tribunal described the decision to dismiss as a “foregone conclusion” and identified “glaring flaws” in the employer’s approach. The earlier comment about the employee “playing the race card” was cited as clear evidence of racial bias contributing to the dismissal.

The dismissal was ruled to be both unfair and discriminatory. The tribunal also upheld a claim of victimisation and awarded £449,548 to reflect financial loss and injury to feelings.

In its judgment, the tribunal found that the investigation had been conducted selectively, with only witnesses supporting the allegations being interviewed. It also ruled that the structure and conduct of the disciplinary hearing demonstrated that the employer had already accepted the complainant’s version of events.

Should you have any concerns relating to managing a disciplinary investigation, contact 121 HR Solutions at enquiries@121hrsolutions.co.uk.

Improper investigation and assumptions of guilt led to an award of nearly £450,000

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