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Employment law scenario

Could you please advise on the relevant topics to discuss

Yesterday, Dr Caleb Cahn, the BHT’s Chief Executive Officer, was notified of the following incidents:

Baba Ethan, a fork-lift driver was engaged in moving large heavy items of medical equipment from the car-park and placing them in the container. Baba was an alcoholic and was drunk whilst he was driving the fork-lift truck. A large metallic item that Baba was transporting into the container fell and injured Lucas Smith, Bradfield Royal Infirmary’s assistant personnel manager.

Lucas was kept in hospital for 14 days. He suffered severe injuries to his back and spine, dislocated right shoulder and a fracture to his left arm. He will be off work for at least 14 weeks.

Shazia Begum, the replacement fork-lift driver, took over from Babba and attempted to transport all the remaining items. The fork-lift truck had a number of mechanical problems. The brakes did not work properly and the seat belt was loose. Whilst Shazia was driving the truck she was involved in an accident with Nathan Knight, the BHT Finance Director. Both Shazia and Nathan are injured. Shazia has whip-lash and Nathan a head injury. Nathan will be off-work for at least four weeks. Shazia was off work for 3 days.

When Shazia returned to work, Jacob her line-manager, in front of the other male drivers, told her that it was her fault. She heard him say that she was a “typical woman driver who should be at home raising her kids” and that after the Care Quality Commission’s report, her days at BHT were numbered. Jacob told her that she is likely to be made redundant.

Shazia, feeling distressed decided to apply for another job in another department. When Shazia informed Jacob about her job application, Jacob showed her an email from Lucas Smith instructing all managers not to appoint any Asian or black women. Lucas stated that: ”there are so many white English women needing work and therefore they should be given the first priority”.

Shazia went to see Sebastian the National Health Worker’s Union’s [NHWU] representative and asked for help.

Sebastian booked an urgent meeting to see Ian Richards, the chief personnel officer, with whom Sebastian had been involved in regular staff pay negotiations. During the course of the meeting, Ian told him that NHWU was becoming a real pest, a nuisance and that in light of the Quality Commission’s report BHT would not recognise and support NHWT in the future.

Advise Dr Caleb Cahn.