The Royal College of Nursing says a landmark race discrimination case ‘must drive change’ as NHS England (NHSE) apologises to a senior nurse, Michelle Cox, who faced racial discrimination, harassment and victimisation while employed by NHSE&I Commissioning.
The apology, sent to Michelle Cox today, follows Ms Cox winning a landmark race discrimination case (on 15 February 2023) against NHSE after the judge heard evidence that her employer had treated her unfavourably because of her race. The tribunal unanimously found in favour of Ms Cox.
NHSE Chief Executive, Amanda Pritchard, today wrote to Ms Cox to say: ‘I sincerely apologise to you for what you were put through and I am grateful for your courage and resilience in speaking up about practice that was inappropriate and discriminatory.’
In the letter Amanda Pritchard states that she is wholly committed to ensuring that NHSE ‘learns from and acts on the failings’, with some initial areas of action already identified.
In light of the apology and NHSE’s offer to engage, Ms Cox will be seeking a meeting with Amanda Pritchard to discuss the outcome of her case so it can act as a driver for change.
Ms Cox has previously said the case ‘sadly proves that institutional racism is still present in organisations, despite the efforts to make it more inclusive for people of all races and backgrounds’. Michelle Cox has a long reputation of raising issues of social injustices within nursing platforms to amplify the unheard voices of staff and patients.
At the employment tribunal Ms Cox was supported by Ferguson Doyle, Senior Legal Officer and Solicitor for the RCN in the North West.
RCN Director for England, Patricia Marquis, said:
“This outcome must drive change – racial discrimination should never be acceptable or tolerated and must be rooted out.
“Yet while this case and what Michelle Cox has been subjected to is shocking, it is sadly not uncommon. Our minority ethnic colleagues are still facing race discrimination each and every day.
“Minority ethnic staff are substantially less likely to be shortlisted for jobs, more likely to face disciplinary action, and more likely to report harassment, bullying and abuse from patients, than their White colleagues.
“There can be no space for racism in the NHS and, as Michelle Cox has said, I hope this landmark case encourages anyone facing similar behaviour in the workplace to have the courage to speak up.”
Michelle Cox from Liverpool, was employed by NHSE&I Commissioning as a Continuing Healthcare Manager, based in Manchester from May 2017. She describes herself as a Black woman and was the only Black nurse in the employer’s North region in 2018, when she was appointed as the regional lead to the Chief Nursing Officer’s Black Minority Ethnic Strategic Advisory Group.
At an employment tribunal in Manchester late last year (2022), the tribunal heard evidence that Ms Cox, between 2019 and 2021, had faced racial discrimination, harassment and victimisation from her employer and her whistleblowing claims had not been upheld after she raised a grievance and appeal.
More widely, the RCN says further progress is still desperately needed to tackle racism in the NHS.
Last year, the College released figures showing racism is endemic in health and care with White nurses twice as likely to get promoted as Black and Asian staff.
Recent NHS Workforce Race Equality Standard figures also showed there is still significant distance to travel in improving the lived experience of minority ethnic staff in the NHS.
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Notes to Editors
More information about the case can be found here.
