Black healthcare worker was discriminated against by NHS managers when they scheduled a ‘wellbeing away day’ at the same times as a ethnic minority nurse conference

• Annette ‘Michelle’ Cox said she was undermined by her manager at NHS England
• A tribunal has found Gill Paxton discriminated against Ms Cox by excluding her   

A black healthcare manager was discriminated against by her NHS boss who undermined her authority and excluded her from two team away days, a tribunal has found.

Annette ‘Michelle’ Cox took part in a conference for ethnic minority nurses during Black History Month, as part of her duties running an advisory board.

Ms Cox described how her manager Gill Paxton arranged a team awayday at exactly the same time, which she was forced to miss.

She also claimed she was ‘undermined, marginalised and ignored’ by Ms Paxton, who berated her for ‘causing trouble’, The Times reports.

Now, a tribunal has found in Ms Cox’s favour – while NHS England manager Ms Paxton’s evidence was described by Judge Marion Batten as ‘less than credible’.

Annette ‘Michelle’ Cox was the only black nurse working in NHS England’s north region when she was discriminated against by manager Gill Paxton, a tribunal found.

Ms Cox started her £55,000 role in 2017 and was at the time, the only black nurse working for NHS England in the north region.

After 12 months, she was made regional representative for the chief nursing officers’ black minority ethnic strategic advisory board – and was required to comment publicly about issues affecting racial inequality in nursing.

The tribunal heard the first grievance occurred in 2019, when Paxton arranged a team awayday while Ms Cox was recovering from knee replacement surgery, and would not allow her to attend in any circumstances

Gill Paxton organised two team away days which Ms Cox was excluded from attending, and also upped a junior colleague’s salary to match Ms Cox’s without telling her, it was heard

Months later, Paxton organised a second awayday which clashed with the ethnic minority nursing conference Ms Cox was speaking at.

Giving evidence, Paxton insisted there was a ‘scheduling error’ in both cases, adding that staff diaries were not checked and she was unaware of the conference. The panel dubbed her explanation ‘inconceivable’.

Cox described feeling excluded after the second awayday. She said her authority was undermined further when Paxton increased the pay of a junior colleague she managed up to her own salary, without telling her.

Following this Ms Cox lodged an official complaint.

In addition to her credibility, Judge Batten categorised Ms Paxton’s evidence “unhelpful, evasive or defensive”.

She said the scheduling mistakes were ‘careless and unnecessary’ and her failure to make reasonable inquiries led the tribunal conclude she did not want Ms Cox to attend the awaydays.

As a result, Ms Cox had been excluded and undermined, the tribunal found.

A separate hearing will decide on compensation from the NHS Commissioning Board, the official name for NHS England.

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