Hewage (Respondent) v Grampian Health Board (Appellant) (Scotland)

The Supreme Court heard an appeal by the Grampian Health Board against a decision of the Inner House of the Court of Session which upheld a finding by an employment tribunal that Mrs Sumithra Hewage had been discriminated against on the grounds of her sex and race and had been constructively unfairly dismissed. Mrs Hewage alleged that she was bullied and harassed by two of her colleagues, Mrs Strachan and Mrs Munro, and that her complaints about their conduct were not handled appropriately by the Board. When she was appointed Head of Service for the Orthodontics Department she repeatedly requested that she should be on the interview panel for the appointment of dental nurses, but her requests were always refused. After she resigned from her position as Head of Service, a new appointee, Mr Larmour, was immediately able to secure agreement that a consultant should be on the interview panel. The Board was also criticised for the way in which it handled the complaints made by Mrs Hewage and a previous Head of Service, Professor Forrester, about Mrs Strachan. The Board argued that the employment tribunal had erred in its reasoning and had not correctly applied the burden of proof. The Supreme Court held that the employment tribunal had not erred in its reasoning or in its application of the burden of proof. The Board's appeal was dismissed and the Board was ordered to pay the costs of the appeal.