A HOSPITAL worker who claimed she had been discriminated against because she wasn't allowed to only work night shifts has had her case thrown out. 

Jainaba Jallow, worked at Colchester Hospital between June 2020 and September 2021 when she resigned. 

Ms Jallow alleged indirect sex discrimination, direct race and religion discrimination and took her case to an employment tribunal. 

But the case heard by employment judge Volkmer over five days has now been dismissed. 

The court heard Ms Jallow was a former healthcare assistant based on the respiratory medicine ward at Colchester Hospital, in Turner Road.

In her employment tribunal, she alleged discrimination on the grounds of a protected characteristic under the provisions of the Equality Act 2010.

Signage - Colchester Hospital (Image: Newsquest)

Ms Jallow, who identifies as a black Muslim, alleged the discrimination arose due to her childcare situation.

The single mother to three children claimed she was told she could work just night shifts in this role during the interview stage.

She also claimed her colleagues were given preferential treatment to work night shifts.

But the hospital disputed this and said she was expected to work a mix of shifts in the Layer Marney Ward, a ward which is staffed 24 hours a day, seven days a week by nurses and HCAs.

The court also heard Ms Jallow had been suspended on full pay while an investigation into her conduct at work was carried out. 

In early November 2020 two allegations were made against the Ms Jallow, that she had roughly handled a patient and that she had told another patient to “shut up”.

Boss - Chief executive of ESNEFT, Nick Hulme (Image: Warren Page/Pagepix)

The investigation was concluded in April 2021, with a decision that no formal disciplinary action should be taken and her suspension was lifted.

She returned to her role that year and took four weeks of annual leave from July 16 to visit her family in Gambia with her children.

It was at this time that Ms Jainaba’s claims her family in Colchester “turned their back on her” and could no longer help with childcare support.

In August 2021, she spoke with the newly appointed ward manager Rey Blanca about her childcare issues.

Ms Jallow had decided to look for employment elsewhere and gave her notice in September. 

The court heard a leaver form was not completed and Ms Jallow was overpaid £1,359.55. 

ESNEFT tried to have the amount repaid but when they did not receive a response passed to a debt collection agency.

She agreed a repayment plan with the debt collection agency following a County Court Judgement and bailiff enforcement.

Her sex, direct and religion discrimination complaints were not presented to the court in an "applicable time limit" and were also dismissed.

The judge ruled the direct race and religion discrimination complaints were not well founded and were dismissed.

Her claims over the deduction of holiday pay were also ruled out after the judge found she had taken more holiday than was allowed.