Prison officer who resigned over racism wins tribunal claim

A prison officer who was racially abused and ostracised by colleagues at a high-security Kent prison has won his case for race discrimination, harassment and constructive unfair dismissal.

Jennifer Cafferky, Associate Solicitor in our employment team, reports on this recent case.

Uzo Mbonu, who was born in Nigeria and worked at HMP Swaleside from 2018 until his resignation in 2023, brought claims before the Employment Tribunal, alleging he was targeted, isolated, and ignored after raising concerns about the conduct of other officers.

Employment Judge N Wilson concluded that Mr Mbonu had been treated less favourably because of his race and had experienced sustained harassment during his employment. He said: “We find it entirely understandable why Mr Mbonu would become increasingly distressed and paranoid.”

The tribunal examined multiple incidents during which colleagues made inappropriate and racially charged comments. One involved a white officer questioning whether a Black person could be considered English and referring to immigrants in dismissive terms.

Another officer was found to have made a remark during a diversity discussion that the tribunal considered unprofessional and racially loaded. These incidents contributed to the tribunal’s finding that Mr Mbonu’s work environment was hostile and discriminatory.

The judgment also referred to an incident in January 2023 known as the “bed watch” assignment, during which Mr Mbonu was accused of misconduct after speaking with a prisoner in hospital. The disciplinary process that followed was found by the tribunal to be disproportionate when compared with other similar cases, and it contributed to the breakdown in the employment relationship.

As time progressed, the tribunal found that Mr Mbonu became increasingly excluded from workplace communication. Colleagues were reluctant to engage with him, and he was left out of group discussions and briefings. The panel concluded that the pattern of exclusion and negative treatment amounted to unlawful harassment and undermined his ability to continue in the role.

The tribunal accepted that the cumulative effect of the treatment Mr Mbonu experienced led to a breakdown of mutual trust and confidence. His resignation in July 2023 was found to constitute constructive unfair dismissal under employment law.

While most of Mr Mbonu’s claims were upheld, the tribunal dismissed one allegation relating to victimisation. It found that although Mr Mbonu had raised concerns during his employment, there was insufficient evidence to show that subsequent actions by the employer were in direct response to those complaints.

A separate hearing will be scheduled to determine the level of compensation.

If you would like more information about the issues raised in this article or any aspect of employment law, please contact Jennifer on 01228 516666 or click here to send her an email.