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Saturday, 10 June 2006 11:05
BNN: British Nursing News Online · www.bnn-online.co.uk
Discrimination case win for male nurse
A former male nurse who left the profession because he was treated differently from female colleagues has won a sex discrimination case.

Andrew Moyhing, 29, complained at the Employment Appeal Tribunal yesterday that Barts and London NHS Trust had a different policy on chaperoning for male nurses when carrying out intimate procedures on patients.

Supported by the Equal Opportunities Commission, Mr Moyhing declined to accept an award of £750 compensation because he said he did not want to take resources out of the NHS.

The case arose from an incident last year when he was told that a female member of staff would accompany him while using an electrocardiogram machine on a female patient.

He argued that female staff were allowed to provide intimate care to male patients without a chaperone present.

Following the ruling, Mr Moyhing said: "I hope that this decision will herald the beginning of an era when nursing draws on all the skills of both male and female students.

"Male nurses are still seen as a bit of an oddity simply because there are so many more women in the profession than men despite the fact that so many doctors are male.

"I believe that ultimately if male students are treated more equally, those such as myself who abandoned nursing as a career will stay on and the numbers will start to equalise."

Jenny Watson, chairwoman of the EOC, said sex discrimination was wrong whether it was directed at women or men.

"The Employment Appeal Tribunal was right to find that it was not acceptable to have a chaperoning policy based on lazy stereotyping about the risks to patients and assumptions that all men are sexual predators.

"This judgment should help to ensure that such prejudices become a thing of the past.
Charlie Sheldon, Deputy Director of Nursing at Barts and London NHS Trust, said the tribunal had supported Mr Moyhing on only one limited point, and had awarded only the minimum level of compensation.

"In doing so they claimed Mr Moyhing had displayed an exaggerated and unduly sensitive reaction to being chaperoned.

"Allegations by Mr Moyhing that he had been held back in his career development or that male nurses were considered second class citizens have been soundly rejected.

"The tribunal also acknowledged that Barts and London NHS Trust had adopted its policies for good and objective reasons."


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