An 18-year-old Catholic nurse was fired from her job after she was made to wear a cross on her neck.
Mary Onuoha was a NHS theatre physician and claimed she faced harassment from Croydon University Hospital bosses to get rid of the small gold cross.
Tribunal found that while the hospital claimed to have safety and health policies, the hospital’s treatment was incompatible with other staff members who were wearing similar clothing or jewellery.
She was ruled to be in her favor by the panel. Her employers had created “an offensive, hostile, intimidating environment” and forced her to quit in 2020.
After Mrs Onuoha was contacted, the trust apologized and informed her that they have updated their dress code.
Although Mrs Onuoha was a member of staff for 18 years, she had worn the jewelry for over 40 years as a mark of her Catholic faith.
She claims that she was told by a series of managers in 2015 to get rid of the object from her neck, or else the matter could be escalated.
Her head of the department claimed that patient safety was at risk in operating rooms. He even warned her to report to security to remove it from a clinic area.
Mary Onuoha, South London Employment Tribunal Building Croydon, October
Mary Onuoha, former nurse and plaintiff in harassment claims that she was made to take down the small gold cross by NHS bosses.
Onuoha was informed that the small-sized gold cross she had was unsafe for her health, and that it should be hidden.
Her head of the department claimed that patient safety was at risk in operating rooms. He even warned her about security concerns if she used it in clinical areas.
After refusing to take the cross off, she was removed from her clinical duties. She was then demoted to a receptionist. This left her humiliated.
According to the Tribunal, she was made redundant by stress at work in June 2020.
Blue scrubs were worn by the actress as she worked in theatre.
She was a scrub nurse in theatre and wore standard-issue surgical covers that covered her neck to the wrist.
Pictured: Mrs Onuoha reveals that the gold cross is a representation of her faith and has worn it for forty years
The cross necklace could be seen when the scrubs were on, but it was not visible when worn as scrubs.
According to the tribunal, Mrs. Onuoha is an indefatigable Catholic who believes that it is important to wear a cross as a way of expressing her faith.
She stated, “This attack has always been against my faith.” For 40 years, my cross has been part of me. It’s part of me and my faith and has never done anyone harm.
“There are four mosque visits per day at this hospital and nobody says anything. Hindus have red wristbands while Muslims are seen wearing hijabs at the theater.
“Yet, my tiny cross around my neck wasn’t considered dangerous enough that I was not allowed to continue my work. Although I’m strong, I have been treated as though I were a criminal.
The lawyers for Mrs. Onuoha stated that her requirement to have several lanyards around her neck when she worked at the hospital was due to safety and health reasons.
The hospital was not able to convince an employment tribunal panel that Mrs. Onuoha should be asked to remove her necklace because of safety concerns and health.
The lawyers for Mrs Onuoha (left), claimed that her requirement to wear multiple lanyards around her neck while she worked at the hospital was due to safety and health reasons.
According to the tribunal, “It was clear that we did not see any infection risk from a necklace like the Claimant wore, provided it was worn by a competent clinician, such as the Claimant and complied to handwashing protocols.
Additionally, the Tribunal found that Mrs Onuoha was constructively dismissed by Croydon Health Services NHS Trust. This dismissal was also unfair and discriminatory.
Additionally, the court ruled there was no cogent reason why jewellery or clothing other than fine jewelry and small pendants that have religious devotional meaning were not allowed.
Tribunal determined that there was an ‘offensive, hostile, and intimidating environment’. They added that interrupting surgery while the patient was still on the table was “high-handed”.
“This was to consider the matter an emergency. But, on all accounts it wasn’t.”
After concluding that Mrs. Onuoha had been constructively fired, the tribunal stated: “In our opinion the conduct we identified as amounting harassment or direct discrimination in its individual or combined form was sufficiently severe so as to threaten or severely undermine the trust relationship.
Pictured: Mary Onuoha (ex-nurse) arrived at South London Tribunal center in October
“We don’t accept that Respondent had reasonable cause to act.”
“There was an overall safety and health objective that underpinned much of this conduct. The Claimant was not treated fairly because of inconsistency between employees who wore other religious or non-religious clothing that did not have a work-based purpose but was comparable to the Claimant’s risk profile.
An appeal hearing will be held at a later time.
Croydon Health Services NHS Trust spokeswoman said, “We apologize to Mrs Onuoha. We also thank the Employment Tribunal panel who carefully considered this matter.
“It is vital that NHS staff are able to freely express their views and that we apply our policies in a consistent, compassionate, and inclusive manner.
“Since 2019, our uniform and dress code policies have been revised with support from the Trust’s trade union reps and staff networks to make sure it’s inclusive and sensitive to religious and cultural differences, as well as maintaining effective infected prevention and control and safeguarding the safety of patients and staff.
“However, in light of the judgment, we will continue to review our policies and practices.”
Andrea Williams (chief executive at the Christian Legal Centre), who supported the claim said, “We are thrilled that the Tribunal have ruled Mary’s favor and delivered justice in the case.”
‘From the beginning this case has been about the high-handed attack from the NHS bureaucracy on the right of a devoted and industrious nurse to wear a cross – the worldwide, recognised and cherished symbol of the Christian faith. The Tribunal has acknowledged this fact and it is extremely encouraging.
“It was remarkable that an expert nurse had to decide between the profession and her faith in a time of pandemic.
“Any employer should think carefully before limiting cross-bearing in the workplace.”
Mary has dedicated her entire life to serving others and following Jesus. We are grateful to have been there for her long struggle for justice.