Five Indian care workers asked a nurse at a care home to help and represent them to the manager of the care home about abuse and anti racial comments made to them by white staff. A racist comment was made by a white care worker about the Indian care workers in front of them and the manager agreed with the comment.later on 1 of the Indian girls heard the white girls say that they were going to have a witch hunt on the nurse that represented the indian girls to the to the manager. 5 of the white girls gave statements that the nurse had left the care home with the drug cupboard keys, Nurses are not allowed to leave the care home unless there is another nurse on duty. The stated that they saw her drive & return in her car.She was not in her car that day, her daughter had borrowed her car, as they were going to the Lake District, snow was forecast, and the nurse's car was aXXXXXshe was in her daughter[s car, her daughter and boyfriend have given written statements to that effect.The nurse has now been charged with leaving the home, she did not leave, she went to the car in the grounds to pick up some sanitary towels. She has to appear before he Nursing and Midwifery Discipline Board.3 of the Indian girls have now left the care home, 1 has gone to Belfast, 2 are working in a local hospital, when approached and asked to give statements, hey are both too frighted to give written statements, but one did verbally agree about the abuse, and hearing the white girls planning a witch hunt. 2 of the indian girls are still at the care home, the 5 indian girls originally paid £8000 to the previous owner for visas to work there. They are extremely frightened and vunerable.The nurse is at present off sick because of the stress
System of Law: England-and-Wales
Helping the nurse, we have collected all the statements from the care workers who have made the allegations. The Indian girls are too frightened to make written statements.
Hello and thank you for your question, which I will be happy to assist you with. Please let me know what specific queries do you have about this?
What can the nurse do, before appearing before the disciplinary hearing, can she complain to the police,race relations etc?
did you receive my reply?
It's a rather tough situation to be in, I must admit. Wherever she takes this, there will some evidence required to have any chance of a successful case and if it is her word against the others', then it is quite uncertain as to what the outcome would be.
As to her options, this is what is available to her:
1. Internal grievance - it may not always be the most effective option but it is where she is expected to start
2. Employment tribunal - if she has been treated unfavourable because of race (even if it was not her race that was the target), it could amount to race discrimination and she can pursue this through the tribunal. She only has 3 months from the date of the discriminatory acts to claim though. If this was the option pursued, any witnesses can be summoned to appear to court if necessary
3. Police - whilst this is an option, I am not certain whether they would act on this as they not always get involved with employee disputes. There is no harm in trying but any action they take is unlikely to affect the proceedings against her.
4.The Equality and Human Rights Commission - they will not take action from isolated complaints. They can however offer further advice if necessary. Their contact details here:
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