A health care assistant has been awarded over £1,400 after a tribunal found she was subjected to harassment in the workplace. However, the tribunal also determined that she had inappropriately touched a patient.
Mrs. Ilda Esteves, a 61-year-old of Indian descent, worked as a Bank Band 2 Health Care Assistant (HCA) for the West London NHS Trust starting in September 2022. She filed five claims, including allegations of victimization and unlawful wage deductions, but the tribunal upheld only her claims of age and sex-based harassment.
The harassment stemmed from her Team Leader, Charles Oppong, who repeatedly referred to Mrs. Esteves as „auntie“ despite her explicit requests to be addressed by her name. The tribunal acknowledged that the term „auntie“ is regarded as a sign of respect in Ghanaian culture, which is Mr. Oppong’s background. Nonetheless, it ruled that such comments were inappropriate coming from a superior.
Additionally, Mr. Oppong made several remarks suggesting that Mrs. Esteves would be a „good match“ for an older colleague named George. The tribunal concluded that his behavior constituted an offensive attempt at humor, creating a hostile work environment for Mrs. Esteves.
Compensation and Other Claims
The tribunal awarded Mrs. Esteves £1,425.15 as compensation for „injury to feelings,“ placing her at the lower end of the compensation band due to the limited duration of the harassment, which involved only one individual and lasted approximately two months.
At the beginning of the hearing, Mrs. Esteves sought an anonymity order due to allegations that she had touched a patient inappropriately. This request was denied, as the tribunal found the email containing the allegation to be „accurate and true.“ However, it was noted that there was no indication of any sexual intent, and the action may have been unintentional, albeit still deemed inappropriate.
Dismissed Claims and Witness Testimony
Mrs. Esteves also alleged that a colleague, Mrs. Elspeth Jefferson, had circulated a „false and misleading“ email regarding a church outing involving a patient. In this email, Mrs. Jefferson claimed that Mrs. Esteves had exceeded her authorized time, failed to obtain consent from a patient before conducting a bag search, and had inappropriately touched a patient’s bottom.
The tribunal found Mrs. Jefferson to be an „utterly credible“ witness, ruling that the events described in her email were factual and that her intentions were solely to support Mrs. Esteves and protect her from potential patient complaints. Consequently, Mrs. Esteves’s claim against Mrs. Jefferson was dismissed.
Claims of direct discrimination based on age, race, and sex, as well as allegations of harassment on the basis of race, were also dismissed. Furthermore, claims related to whistleblowing, victimization, and unlawful wage deductions were not upheld.
Response from West London NHS Trust
A spokesperson for the West London NHS Trust stated, „We are proud of our diverse workforce, and fostering a safe, supportive, and inclusive environment for our staff is important for us. We have a zero-tolerance approach to any form of harassment or discrimination and continually work to uphold these standards for the wellbeing of all of our staff.“
For those wishing to share their stories, they can reach out via email or social media.
Bildquelle: Foto von Jay Alexander auf Unsplash
