Dr H Hiram v NHS Education Scotland

EMPLOYMENT TRIBUNALS (SCOTLAND) 5 Case No: 8000380/2023 Held in Edinburgh on 12-15 & 18 March 2024 Employment Judge Sangster 10 Tribunal Member Brown Tribunal Member Cardownie Dr H Hiram Claimant In Person 15 NHS Education Scotland Respondent 20 Represented by Mr D James Advocate

JUDGMENT OF THE EMPLOYMENT TRIBUNAL 25 The unanimous judgment of the Tribunal is that:  The respondent’s decision not to appoint the claimant as a VT for the year 2023/24 amounted to victimisation and discrimination contrary to the Employment Rights Act 1996 (NHS Recruitment — Protected Disclosure) 30 Regulations 2018.  The respondent also victimised the claimant and subjected her to a detrim...

ETZ4(WR) 8000380/2023 Page 2  The claimant’s remaining complaints do not succeed and are dismissed.

REASONS Introduction 1 The claimant is a dentist. From 2015 to 2022, the claimant was engaged by 5 the respondent to provide vocational dental training to dental graduates. Her claim principally relates to her application to be Vocational Trainer for the year 2023/24, which was declined by the respondent on 13 April 2023. She brings complaints of victimisation, detriment as a result of making a...

(ERA)? 16 In respect of the content of - a. a telephone call on 9.3.23 with KG as described in paragraph 21 of the 20 Grounds of Claim and expanded upon in the Further and Better Particulars lodged by the claimant on 27.10.23 b. an email dated 9.3.23 (21.20) sent to KG as described in paragraph 21 of the Grounds of Claim and provided by the claimant to the Tribunal on 27.10.23 25 c. an email da...