The pharmacist was represented throughout the internal grievance processes and at the Employment Tribunal hearing by the Pharmacists’ Defence Association (PDA), the independent trade union for pharmacists. In a detailed written judgment, the pharmacy team members and company managers were heavily criticised by the Tribunal, who found the pre-registration pharmacy technician and a pharmacy advisor working with the pharmacist during the shift had undermined the pharmacist in his professional role as the Responsible Pharmacist (RP) and insulted him.
The pharmacist, who is black and of Nigerian national origin, complained to Boots about his experience, however, the subsequent investigation was described by the Judge as “simply not fit for purpose” and lacking a “basic level of competence.” The grievance manager was “not equipped” for an enquiry of this nature with no specific training on conducting grievances into serious allegations of discrimination. There were unacceptable delays in dealing with the complaints. The Tribunal concluded that the actions of Boots had seriously damaged the relationship of mutual trust and confidence, meaning that the pharmacist’s resignation in response to the numerous issues was a constructive unfair dismissal.
Following the initial judgment, the Tribunal held a remedy hearing earlier this year in respect of the pharmacist’s claims for loss of earnings, injury to feelings, aggravated damages, an uplift for a failure to follow the ACAS Code and interest; there was also a successful application for costs against Boots and the second respondent, to be paid to the PDA. This has resulted in an award of £45,263.11 to Mr Famojuro with costs awarded to the PDA of a further £13,357.25, a total of £58,620.36.
Mark Pitt, General Secretary of the PDA Union said, “Rather than properly investigate Mr Famojuro’s complaints and condemn the racist behaviour of their employees at the time of the incident, the company supported them throughout, denying any racism had occurred. Consequently, Mr Famojuro was put through 4 years of stress and court proceedings to secure justice for his discriminatory treatment. The PDA’s legal team have been behind him all the way and the high award and aggravated damages reflect the extreme displeasure of the employment tribunal panel at the conduct of company and its witnesses, some of whom were found to have lied and fabricated evidence.“
Wai Chan, Vice-President of the PDA BAME Pharmacists Network added, “The network proudly leads on anti-racist activity for the PDA and we will review this case to inform our future activity.”
Learn more
- Pharmacist racially harassed by pharmacy team members – UPDATED WITH FULL TRIBUNAL JUDGMENT
- Mr S Famojuro v Boots Management Services Ltd and Mrs E Walker – RESERVED JUDGMENT
- Mr S Famojuro v Boots Management Services Ltd and Mrs E Walker – RESERVED JUDGMENT ON REMEDY
- A review of the case from Morrish & Co Solicitors
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