Manx Care 'strongly committed' to upholding 'care values' after unfounded racism accusation 

Tribunal brands complainant's arguments 'trivial and flimsy'

Manx Care has welcomed the decision of an Employment and Equality Tribunal which found it did not harass, victimise or discriminate against a senior lecturer because of his race.

The health body had also been forced to defend itself against a claim of constructive dismissal which was also thrown out.

Raymond Ndengeya, formerly of Port Erin, gave evidence to the tribunal in September last year alleging his request for a year-long sabbatical had been denied because he was black.

You can find out more HERE.

HEARINGS

Over two-and-a-half days of hearings - which Mr Ndengeya attended remotely as he has since moved to New Zealand - the former cognitive behavioural therapy programme director raised a number of issues to support his case.

These included an overly heavy workload, lack of support, unanswered emails and an apparent omission from photographs of staff at Keyll Darree - the higher education centre at Noble's Hospital.

In response to his claims Manx Care's chief executive argued what Mr Ndengeya was essentially seeking was 'a secondment rather than a sabbatical'.

Teresa Cope stated the healthcare body's policy on sabbaticals is 'not clear cut' and no-one is entitled to have them automatically approved; Manx Care receives a handful of them submitted every year.

She told the tribunal the needs of the organisation had to be taken into consideration when such requests are made adding Mr Ndengeya's own needs would have to be 'balanced against the training needs of the programme'.

The tribunal heard Mr Ndengeya had a specific set of skills and his work was vital to facilitating a CBT training programme.

On the first day of the tribunal, on 27 September, he raised several concerns with the manner in which the hearing was proceeding.

Mr Ndengeya alleged that the chairman’s approach to the procedure for the trial bundle of agreed documentation – which was prepared and produced by Manx Care's representative - 'had not been impartial'. 

However this was ruled 'groundless' and the tribunal found 'the blame for lack of a single trial bundle rested solely with Mr Ndengeya'. 

It ruled: 'In contrast to seeking immaterial documents, Mr Ndengeya had failed to disclose documentation regarding offers of employment in New Zealand that had been made whilst he was an employee of Manx Care. 

'These were probably the most important documents in this litigation and were pivotal concerning the truth of events leading up to Mr Ndengeya’s resignation.'

RULING

In summary tribunal Chairman Douglas Stewart said: "Without question, in a modern society, racialism remains a blight - whether in day-to-day domestic life, sport or the workplace. Noble’s Hospital is not immune to this based on Mrs Cope’s evidence.

"This tribunal must be, and is, alert to ensure that, consistent with the Equality Act 2017, people living on the Isle of Man should not be victims of racism. 

"Conversely, advancing allegations of racism against an entity like Manx Care must inevitably therefore involve a slur on employees against whom such allegations are advanced.

"A finding against them would be, or may be, a blight on their future career and may even damage their lives away from work through the power of social media.

"Great care has been taken to assess the case of racialism as advanced by Mr Ndengeya.

"Based on the evidence the tribunal was satisfied that the allegations of discrimination and harassment did Mr Ndengeya no credit.”

Mr Stewart was also critical of ‘trivial and flimsy arguments’ advanced by Mr Ndengeya which tried to ‘dress up rational behaviour’ by employees and management of Manx Care as ‘being racist’.

He continued: "Besides the flimsiness of the racial elements the tribunal was also aware of the reluctance of Mr Ndengeya to produce vital documents. 

"That too had, in part, undermined the credibility of his case relating to constructive dismissal.

"The tribunal considered Mr Ndengeya to be a highly intelligent man who had done valuable work for the Island through the CBT course which he had driven from inception.

“The tribunal viewed him as ambitious and having considerable talent and intent on building his CV.

“However allegations, such as deliberately not displaying his photo or including him in a radio broadcast after he had left Manx Care, were not worthy of him.

“Because of such unfounded and rather trivial allegations Mr Ndengeya presented as embittered that his achievements and legacy had been insufficiently acknowledged. 

"In fact from the evidence in this tribunal his achievements and legacy had been very much respected.

“Unfortunately these proceedings have not enhanced the esteem in which he had been held. 

"His allegations of racial prejudice were misconceived and potentially damaging to the reputation of Manx Care and to the personnel against whom criticisms had been made.

“As such they demeaned him and did not improve the cause of prevention of racism in the community."

RESPONSE

In response Manx Care told Manx Radio: “We are pleased that these protracted proceedings have come to a conclusion and would wish to thank those staff giving evidence to this tribunal for their exemplary and professional conduct under difficult circumstances.

“We welcome the decision of the tribunal and, as an organisation, we are strongly committed to upholding our 'Care Values' at all times - being inclusive, respectful and valuing diversity.”

JUDGEMENT

You can read the full judgement HERE.