Insufficient and biased investigation resulted in a £23,000 award at employment tribunal
A nurse has won more than £23,000 at an employment tribunal after a workplace investigation into claims she had been sleeping on duty, was found to be racially discriminatory.
The nurse, who is Black, worked night shifts at a care home and was accused of sleeping at work across two consecutive nights. She was later given a final written warning for gross misconduct. However, the tribunal heard that the employer’s investigation relied heavily on evidence from white staff members, while Black colleagues who had been present during the same shifts were not interviewed.
The tribunal also heard that the employer failed to properly consider video evidence provided by the nurse, which appeared to show a white nurse asleep while on duty. Despite this, no meaningful disciplinary action was taken against the white nurse shown in the footage.
Durin the investigation, the nurse denied sleeping at work and said she had been in a room with the door closed but not locked, listening to music and the news on her phone. She also suggested the complaints were linked to earlier tensions during the shift, including disagreement about whether a resident should be taken to hospital.
As the process continued, the nurse questioned why all staff who worked the shifts had not been interviewed. The investigation was closed without addressing her concerns or gathering further witness evidence.
At a later disciplinary hearing, the nurse and her union representative again raised concerns that the investigation may have been racially biased, noting that Black staff who had been on duty were not interviewed. They asked for those staff members to be spoken to and for the hearing to be postponed, but the request was refused. The disciplinary officer upheld the allegations and issued a final written warning.
The nurse appealed and during the appeal process, a video was raised showing a white nurse asleep while working, but the tribunal heard that this evidence was not properly explored. Although the white nurse was later spoken to by management, she was not taken through a similar disciplinary process.
The appeal was rejected and the nurse later resigned.
The employment judge found the employer failed to carry out a fair and thorough investigation by relying on accounts from white staff while not speaking to Black colleagues who were present. The judge also criticised the disciplinary decision-maker for approaching the case with a closed mind and for not properly engaging with the nurse’s discrimination concerns.
The tribunal stressed that a proper investigation should test evidence on both sides and not assume guilt from the outset. It concluded that the nurse’s claim of race discrimination was well founded and awarded her £23,603.45.
This tribunal is an important reminder of the importance of open-minded decision-making, consistent treatment of staff, and taking discrimination allegations seriously. Failing to investigate contradictory evidence can create significant legal and reputational risk for employers. If you require advice on this matter please contact 121 HR Solutions on 0800 9995 121.
0800 9995 121 
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