NHS apologises for discriminating against Christian nurse over cross necklace

Mary Onuoha said bosses at Croydon Health Services NHS Trust bullied her in an attempt to make her remove her cross and that they threatened disciplinary action.

However the senior 61-year-old nurse told an Employment Tribunal that other staff were allowed to wear similar jewelry and religious items without being challenged.

The tribunal found in her favour and said she was constructively dismissed in 2020.

After the ruling, Mrs Onuoha said: “This has always been an attack on my faith. My cross has been with me for 40 years. It is part of me, and my faith, and it has never caused anyone any harm.

“At this hospital there are members of staff who go to a mosque four times a day and no one says anything to them. Hindus wear red bracelets on their wrists and female Muslims wear hijabs in theatre.

“Yet my small cross around my neck was deemed so dangerous that I was no longer allowed to do my job. I am a strong woman but I have been treated like a criminal.”

Mrs Onuoha was supported by the the Christian Legal Centre (CLC), which described the outcome as “a landmark ruling”.

It says the outcome of the case develops a wider legal principle that employers cannot discriminate against employees for reasonable manifestations of faith in the workplace.

The Tribunal stated that the rejection of a grievance lodged by her was “offensive and intimidating”.

The tribunal added: “It failed to properly grapple with the complexity of the issues. No real thought seems to have been given to whether it was really appropriate to discipline the Claimant for doing something that in fact many others in the workforce (including more senior colleagues who worked just as closely with patients) were doing unchallenged. Equally, no real thought was given to the Claimant’s point that others were wearing religious apparel in clinical areas and that she should be treated equally to them.”

The Tribunal have also found that Croydon Health Services NHS Trust constructively dismissed Mrs Onuoha “without reasonable and proper cause” and that the dismissal was unfair and discriminatory.

It ruled that the dress code policy was “applied in an arbitrary way and in a way that was not proportionate” and that there was “no cogent explanation” why plain rings, neckties, kalava bracelets, hijabs and turbans were permitted but a cross necklace was not.”

One of the most concerning parts of Mrs Onuoha’s case, the CLC said, was how she reported being harassed for wearing the cross necklace by a senior manager while caring for a patient under general anaesthetic in the operating theatre.

On 21 August 2018, she was in charge of a team working in theatre supporting a patient who was under general anaesthetic. While the patient was on the surgery table, Mrs Onuoha’s manager came into the theatre and demanded that she remove or conceal her cross immediately. At the same time, during the same operation, the blue pendant and earrings being worn by the anaesthetist were completely ignored.

In a letter to Mrs Onuoha on 9 August 2018, her line manager and Clinical Lead Practitioner, wrote: “I offered you a compromise of using a longer chain so your necklace was out of sight but you refused. Please note that the necklace is not only a breach of dress code policy but also a health and safety risk to patients and yourself.”Her line manager added: ““I do hope you will see that I have tried to support your religious beliefs by allowing you to wear your necklace, but it cannot be visible when you are on clinical duties. This is both to adhere to Infection Control guidelines and to protect you from possible injury if confronted by angry patients or carers.”

The following week, Mrs Onuoha’s line manager was visibly angry when she saw that she was still wearing the cross and said she would ensure that she would face disciplinary action.

In November 2018 she was demoted to reception duties. Until her resignation in August 2020 she was was constantly moved from one administrative role to the next, which she said was deeply humiliating.

She was also ordered not to tell anyone about what was happening to her. As she was unable to explain to any colleagues why this was happening, she said this took a lasting emotional toll on her.

Andrea Williams, chief executive of the Christian Legal Centre, said: “We are delighted that the Tribunal have ruled in Mary’s favour and delivered justice in this case. Shirley Chaplin, who also fought for the freedom to wear a cross necklace 10 years ago has also now been vindicated.”

A spokesperson for Croydon Health Services NHS Trust offered an unconditional apology to Mrs Onuoha.

“We would like to apologise to Mrs Onuoha and thank the Employment Tribunal panel for their careful consideration of this matter.  

“It is important that NHS staff feel able to express their beliefs, and that our policies are applied in a consistent, compassionate and inclusive way.

“Since this matter in 2019, our dress code and uniform policy has been updated with the support of the Trust’s staff networks and trade union representatives to ensure it is inclusive and sensitive to all religious and cultural needs, while maintaining effective infection prevention and control measures and protecting the safety of our patients and staff. However, we will carry out a further review of our policy and practices in light of this judgment.”

The Tribunal has yet to make a decision on what remedy will be offered to Mrs Onuoha.

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