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Tribunal awards NHS manager nearly £1 million

Mr Browne, the Manchester employment tribunal concluded, had faced “persistent discrimination” in “an intimidating environment”.

He had been forced from his job as divisional director for clinical scientific services at Central Manchester University Hospitals NHS Foundation Trust by what his union, Unite, described as “institutionalised racism”.

His manager, Gill Heaton, the trust’s chief nurse and deputy chief executive, first raised concerns in 2007 about an overspend of more than £750,000 in Mr Browne’s department, which included pathology, radiology and anaesthetics. She also accused him of a perceived lack of “personal leadership”.

Following this, 55-year old Mr Browne made a “well-founded” complaint about racial discrimination, claiming he had been unfairly singled out for disciplinary action and criticism compared with white colleagues.

Other departments, run by white colleagues, who had also run up large overspends, had not been subjected to disciplinary action.

In response, members of staff “closed ranks” and began disciplinary proceedings to dismiss him.

As a result Mr Browne was signed off work with stress, the tribunal was told, and in May 2008 was officially suspended and dismissed.

The consequence was he “felt helpless with guilt and self-doubt,” the tribunal acknowledged.

“He felt isolated and very upset. At times he had suicidal thoughts.”

The Trust, the tribunal judged, had treated Mr Browne unfairly in comparison to a hypothetical white male in the same position, and “less favourably” because of his race.

“From March 2007 onwards,” Central Manchester University Hospitals NHS Foundation Trust “treated the claimant less favourably on grounds of race,” the tribunal judged. “We find there was a drastic change in the treatment of the claimant following his race discrimination grievance.

“The trust did regard the claimant’s complaints as spurious, as opportunistic, and acted accordingly.

“We find that, once the race discrimination grievance was put in, the trust closed ranks and commenced disciplinary action against the claimant to secure his removal from office.”

The tribunal awarded Elliot Browne £933,115 compensation for unfair dismissal, aggravated damages and loss of earnings and pension.

A spokesman for the trust, which operates Manchester Royal Infirmary, Saint Mary's hospital, Manchester children's hospital, Manchester Royal eye hospital and University Dental Hospital of Manchester, denied that Mr Browne had been discriminated against and said it was appealing against the decision.

Mr Browne, who enjoyed an annual salary of £80,000 in the health service, now makes £56,000 a year according to the Daily Mail after launching Stockport-based 2Way Consulting to advise surgeons setting up limited liability partnerships in response to NHS reforms.

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