NHS ‘wrong’ to hound out Christian nurse over cross

A tribunal has ruled that a Christian nurse who was "forced out" of her NHS job for wearing a "bacteria-harbouring" crucifix was unfairly dismissed.

A theatre practitioner at Croydon University Hospital, Mary Onuoha claims she was "singled out" and "persecuted" after being ordered to remove a small gold cross, which she has worn for almost 40 years. The 61-year-old brought a legal case against her former employer amid claims that other clinical staff were allowed to wear jewellery, turbans, hijabs and saris – yet only she was subject to sanction. Employment Judge Daniel Dyal agreed that Mrs Onuoha had her human rights breached and that Croydon Health Services NHS Trust, had created a "humiliating, hostile and threatening environment".

The tribunal heard that her necklace could "harbour bacteria or viruses" and was deemed an infection risk. It was also told the orchestrated "campaign" against Mrs Onuoha. The trust risked patient safety by interrupting a procedure in an operating theatre, in an attempt to discipline her for wearing her necklace. As a result of her refusal to remove the jewellery, Mrs Onuoha claims she was "treated like a criminal", being suspended from clinical duties, and demoted to working as a receptionist - which she found humiliating. She also claims she was forced off work with stress in June 2020 and believed she had no choice but to resign later that year.

"Applying common sense, it is clear to us that the infection risk posed by a necklace when worn by a responsible clinician such as the claimant, who complied with handwashing protocol, was very low," Judge Dyal said. "The tribunal also stated that the rejection of Mrs Onuoha's grievance was "offensive and intimidating" and that "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 hearing in Croydon, south London, also found that the trust constructively dismissed Mrs Onuoha "without reasonable and proper cause". Chief executive of the Christian Legal Centre which supported Mrs Onuoha, Andrea Williams, said: "Any employer will now have to think very carefully before restricting the wearing of crosses in the workplace."

A spokesman for the NHS trust apologised to Mrs Onuoha and said its dress code had since been updated to ensure it was "inclusive and sensitive to all religious and cultural needs". Mrs Onuoha said that she was "delighted and relieved" that she had finally received justice. The tribunal is expected to discuss her compensation claim for £80,000 at a later date.

E&K Solicitors

Rusholme

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