Tribunal dismisses patient's claim he was victim of discrimination

A tribunal has thrown out a claim that Manx Care was discriminatory towards a patient due to their religion and beliefs.

The Employment and Equality Tribunal has ruled that Troy Angelo Mincher was not disabled and did not hold a protected religious of philosophical belief within the definitions of the Equality Act 2017. 

'Unlawful detention'

Mr Mincher had alleged he was unlawfully detained at Noble's Hospital where he was the victim of 'discrimination of religion and belief'.

He received in-patient treatment for suspected appendicitis on 25 and 26 October 2021.

At that time special measures were operating within the hospital relating to Covid-19.

Infection control policy in place included the wearing of face masks and staff were advised that patients who refused a Covid-19 swab should be nursed in isolation for a period of 14 days.

Mr Mincher argued he was medically exempt from wearing a face covering and also refused a Coronavirus swab - arguing he had a right to decline the medical procedure based on his own ethics and rights.

In terms of his religious and cultural beliefs Mr Mincher explained that he holds multi-faith beliefs of Christian Spiritualism with aspects of Hinduism.

He argued that having the Covid test inserted into the nose was against his Spiritual and Hindu beliefs as the swab was man-made and it therefore would 'not be natural'.

He alleged that he was ultimately 'forced to wear a face covering' as he had 'been informed that treatment would not otherwise be provided'.

'Breach of human rights'

Additionally he also claimed:

• He was denied essential and urgent treatment amounting to discrimination against the protected characteristic of religion and belief.
• He was refused pain relief on the first evening, meaning the healthcare staff failed in their duty to relieve suffering, amounting to harassment.
• The hospital staff refused to perform diagnostic actions, such as ultrasound and other relevant diagnostic methods, and therefore acted so as to harass and cause him harm and commit torts against him breaching his human rights.
• In refusing him medical treatment the staff allegedly stated that this was as a direct result of Mr Mincher’s religious and philosophical beliefs.
• The staff failed to cease a medical procedure and remove a cannula despite repeated requests in excess of 18 hours.
• He had expressed the desire to leave the hospital but this was refused thus amounting to alleged unlawful detention.

In the end, Mr Mincher left the hospital of his own volition, without informing hospital staff of his decision to do so.

Mr Mincher asserted that he had discreetly left the hospital on 26 October 2021, during visiting time, amidst a crowd of visitors so that he was able discreetly to 'escape unlawful detention'. 

Allegedly the crowd of visitors did not wear face coverings.

Only after Mr Mincher had returned to his home address was the cannula ultimately removed by a paramedic fast-response vehicle. 

Allegedly, the staff, via a phone call to Mr Mincher’s mother, indirectly threatened him with police action to unlawfully return him to hospital.

Response

Mr Mincher started proceedings against Manx Care on 21 April 2022.

In response to the allegations Manx Care admitted that hospital staff contacted the police on 26 October 2021 - but argued this was to check on Mr Mincher’s welfare because he had left the hospital without informing staff that he was doing so.

As for the rest of the allegations Manx Care's legal representative 'challenged them line by line'. 

They accepted that Mr Mincher had declined a Coronavirus swab but it was denied that Mr Mincher had been compelled to undergo a swab as a condition of emergency or urgent treatment. 

Neither had he been denied treatment on account of his refusal to wear a face mask or by his refusal to provide a biological sample.

Ruling

Recording a unanimous decision the tribunal said Mr Mincher was not disabled and did not hold a protected religious or philosophical belief within the statutory definitions of the Equality Act 2017.

It found that Mr Mincher was entitled to refuse the Covid test but when he refused at the hospital he was in an environment where there was vulnerable people. 

The tribunal added: "His unwillingness to wear a mask or to take a Covid test in the best interest of others at Noble’s showed inconsistency in his concern for others."

It added: "At a time when the hospital service, including the Island’s nurses and doctors, were under considerable pressures of work due, in some part, to the ongoing Covid situation Mr Mincher chose to leave the ward and walk out of Noble’s without informing the staff. 

"This he dramatised as an 'escape'.

"This inconsiderate behaviour caused needless concern for his welfare, considerable wasted time and disruption."