Surgeon wins 6m in race discrimination case
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《英国医生杂志》
BMJ Clare Dyer legal correspondent
A former consultant obstetrician and gynaecologist who was sacked seven years ago after she launched a race discrimination claim against her employers has won ?.6m ($2.9m; �2.4m) compensation. With legal costs, the case is expected to cost her employers, South Tyneside NHS Foundation Trust, nearly ?m.
Nigerian born Feyi Awotona, aged 50 from Gosforth in Tyne and Wear, was sacked in December 1998 for gross personal misconduct. The trust said she was confrontational and obstructive, but an employment tribunal accepted her argument that the race discrimination claim she was preparing was the primary reason the disciplinary charges were brought against her.
She told the tribunal that the trust抯 medical director, Peter Robson, who has since died, had remarked that "because I was a woman and black there was a limit to what I could do at South Tyneside."
In 2003, the tribunal upheld her claim of victimisation and unfair dismissal and ordered the trust to reinstate her with a period of six months retraining. The trust initially refused but agreed last year to let her return to work. Dr Awotona quit in May 2005, however, after the trust refused to let her do her retraining at South Tyneside District Hospital.
The tribunal found that her launch of the race discrimination claim "brought about the decision on the part of the respondent to gather evidence for, and then to institute, disciplinary proceedings." It added, "We were satisfied that the making and pursuit of the allegations of racial discrimination resulted in the decision to dismiss the applicant."
A spokeswoman for the trust said that the trust was "disappointed and shocked at the level of award that has been made, particularly given the fact that Dr Awotona was reinstated and had the opportunity for long term employment within the NHS."
She added, "Dr Awotona returned to her previous post at South Tyneside District Hospital but as part of her professional re-entry into medicine she was required to do a short period of refresher training at another local hospital in North Tyneside near her home. She was unwilling to do this and withdrew from the reinstatement process in May of this year."
The spokeswoman continued, "We will be discussing the decision with our legal advisors to establish the potential for an appeal."
Dr Awotona抯 solicitor, Jane Jelly, said, "The experience Dr Awotona has had over the past several years make it unlikely that she will ever resume a career within the NHS.
"This case draws attention to the concern that racial discrimination still exists within the NHS, and it is very difficult for those from ethnic minorities to reach senior level positions. It also highlights the wider public concern that there is no structure in place for accountability of trusts within the NHS."
A former consultant obstetrician and gynaecologist who was sacked seven years ago after she launched a race discrimination claim against her employers has won ?.6m ($2.9m; �2.4m) compensation. With legal costs, the case is expected to cost her employers, South Tyneside NHS Foundation Trust, nearly ?m.
Nigerian born Feyi Awotona, aged 50 from Gosforth in Tyne and Wear, was sacked in December 1998 for gross personal misconduct. The trust said she was confrontational and obstructive, but an employment tribunal accepted her argument that the race discrimination claim she was preparing was the primary reason the disciplinary charges were brought against her.
She told the tribunal that the trust抯 medical director, Peter Robson, who has since died, had remarked that "because I was a woman and black there was a limit to what I could do at South Tyneside."
In 2003, the tribunal upheld her claim of victimisation and unfair dismissal and ordered the trust to reinstate her with a period of six months retraining. The trust initially refused but agreed last year to let her return to work. Dr Awotona quit in May 2005, however, after the trust refused to let her do her retraining at South Tyneside District Hospital.
The tribunal found that her launch of the race discrimination claim "brought about the decision on the part of the respondent to gather evidence for, and then to institute, disciplinary proceedings." It added, "We were satisfied that the making and pursuit of the allegations of racial discrimination resulted in the decision to dismiss the applicant."
A spokeswoman for the trust said that the trust was "disappointed and shocked at the level of award that has been made, particularly given the fact that Dr Awotona was reinstated and had the opportunity for long term employment within the NHS."
She added, "Dr Awotona returned to her previous post at South Tyneside District Hospital but as part of her professional re-entry into medicine she was required to do a short period of refresher training at another local hospital in North Tyneside near her home. She was unwilling to do this and withdrew from the reinstatement process in May of this year."
The spokeswoman continued, "We will be discussing the decision with our legal advisors to establish the potential for an appeal."
Dr Awotona抯 solicitor, Jane Jelly, said, "The experience Dr Awotona has had over the past several years make it unlikely that she will ever resume a career within the NHS.
"This case draws attention to the concern that racial discrimination still exists within the NHS, and it is very difficult for those from ethnic minorities to reach senior level positions. It also highlights the wider public concern that there is no structure in place for accountability of trusts within the NHS."