A hospital receptionist who was allegedly attacked by a security guard during an altercation has been awarded over £19,000 in compensation from Lewisham and Greenwich NHS Trust, following an employment tribunal ruling.

Incident Details

The altercation occurred in July 2021, reportedly escalating from banter between Ben Murphy, an administrator at the trust, and a security guard employed by contractor CIS Security.

The tribunal heard that the banter turned heated when the security guard, who had been calling Mr Murphy “fat,” “flipped” after Mr Murphy allegedly said, “don’t get your mother’s knickers in a twist.” The guard is accused of grabbing Mr Murphy by the throat and smacking his head against a wall, leaving the receptionist fearing for his life.

Mr Murphy retaliated by briefly placing the guard in a headlock and throwing punches before other security staff intervened to break up the fight.

Aftermath and Tribunal Findings

• The security guard was reportedly sacked by CIS Security following the incident.
• Mr Murphy, however, was suspended by the NHS Trust and later issued a written warning for misconduct, citing behavior “not commensurate with trust values.”
• Mr Murphy subsequently resigned from his role, citing fear from the attack and frustration over being penalised for defending himself.

At the employment tribunal, Mr Murphy alleged unfair dismissal, wrongful dismissal, unlawful deduction of wages, and health and safety detriment. While his claims of dismissal were dismissed, the tribunal upheld his claim of health and safety detriment, finding that the trust:

• Failed to consider that Mr Murphy was acting in self-defense during the altercation.
• Offered inadequate support during his suspension, breaching its duty of care toward him.

Employment Judge Amanda Hart ruled that the suspension was unfairly influenced by Mr Murphy’s actions under “circumstances of danger.”

Compensation Awarded

At a separate hearing in October 2024, Mr Murphy was awarded:

• £4,300 for 18 weeks of lost earnings during his suspension.
• £15,000 for injury to feelings.

NHS Trust Responds

In a statement, a spokesperson for Lewisham and Greenwich NHS Trust said:

“We accept the outcome of the tribunal and have nothing further to add.”

Impact of the Case

The ruling has sparked discussions about workplace safety and how employers handle incidents involving staff members acting in self-defense. The tribunal highlighted the need for adequate support for employees facing dangerous situations, as well as fair treatment during subsequent disciplinary proceedings.