Personnel Today
  • OHW+
  • Resources
    • Clinical governance
    • Disability
    • Ergonomics
    • Health surveillance
    • OH employment law
    • OH service delivery
    • Research
    • Return to work and rehabilitation
    • Sickness absence management
    • Wellbeing and health promotion
  • Conditions
    • Mental health
    • Musculoskeletal disorders
    • Blood pressure
    • Cancer
    • Cardiac
    • Dementia
    • Diabetes
    • Respiratory
    • Stroke
  • CPD
  • Webinars
  • Jobs
  • Personnel Today

Personnel Today

Register
Log in
Personnel Today
  • OHW+
  • Resources
    • Clinical governance
    • Disability
    • Ergonomics
    • Health surveillance
    • OH employment law
    • OH service delivery
    • Research
    • Return to work and rehabilitation
    • Sickness absence management
    • Wellbeing and health promotion
  • Conditions
    • Mental health
    • Musculoskeletal disorders
    • Blood pressure
    • Cancer
    • Cardiac
    • Dementia
    • Diabetes
    • Respiratory
    • Stroke
  • CPD
  • Webinars
  • Jobs
  • Personnel Today

Tribunal WatchReasonable adjustmentsDisabilityDisability discrimination

Disability discrimination: NHS discriminated against worker with cancer

by Stephen Simpson 1 Sep 2015
by Stephen Simpson 1 Sep 2015 The NHS trust failed to make reasonable adjustments for an employee having cancer treatment
The NHS trust failed to make reasonable adjustments for an employee having cancer treatment

An NHS trust discriminated against an employee with cancer who attended a competitive interview during a redeployment exercise, an employment tribunal has held. Stephen Simpson rounds up tribunal decisions from the previous week.

NHS trust should have used alternative assessment for employee with cancer
In Waddingham v NHS Business Services Authority, the employment tribunal held that an NHS trust committed discrimination arising from disability and failed to make reasonable adjustments for an employee having cancer treatment.

Disability discrimination

Non-payment of bonus was not justified

Lecturer forced to move to inferior contract wins Equality Act claim

Paramedic’s theft of anesthetic gas not a consequence of depression

Mr Waddingham, who was made redundant, was part of a redeployment exercise. This involved matching redundant staff to new roles and interviewing them.

The claimant had been diagnosed with throat cancer and was undergoing radiotherapy treatment. Shortly after he started treatment, he applied for a vacant position.

The claimant agreed to go ahead with an interview, even though he was undergoing cancer treatment.

The NHS trust was flexible with the date and time of the interview, and let him takes breaks at any time or call a halt to the interview and rearrange it.

He did not perform well in answering the interview questions and was not appointed. Later, he successfully applied for another NHS job.

He brought a tribunal claim for disability discrimination. The tribunal upheld his claim, accepting that his performance during the interview was affected by his treatment.

The tribunal held that it would have been a reasonable adjustment for him to be assessed without the need for a competitive interview. This assessment could have been made using other material available from his long service. This included his previous appraisals.

Read more details of the case and the full judgment…

 

Other tribunal decisions in the headlines

Unfair dismissal case rejected by judge
A manager who complained he was unfairly dismissed has lost his legal claim, reports the Nottingham Post.

M&S to pay €40,000 to ex-employee for discrimination
Marks & Spencer (Ireland) has been ordered to pay €40,000 compensation to a former employee for discriminating against her after she developed a disability, according to the Irish Times.

Dunnes worker caught by sting awarded €16,000 over dismissal
A Dunnes Stores worker who was sacked after selling wine to a 16-year-old has been awarded €16,000 as a result of an unfair dismissal claim, the Irish Times reports.

Sign up to our weekly round-up of HR news and guidance

Receive the Personnel Today Direct e-newsletter every Wednesday

OptOut
This field is for validation purposes and should be left unchanged.

Senior NCT tester awarded €35,000 for unfair dismissal
A senior National Car Test (NCT) tester who was sacked after testing his own car has been awarded €35,000 for unfair dismissal, says the Irish Times.

Woman awarded €17,500 after being dismissed while on maternity leave
A woman has been awarded €17,500 by a Republic of Ireland tribunal after returning from maternity leave to find that she had been dismissed, according to the Irish Times.

Stephen Simpson

Stephen Simpson is Principal HR Strategy and Practice Editor at Brightmine. His areas of responsibility include the policies and documents and law reports. After obtaining a law degree and training to be a solicitor, he moved into publishing, initially with Butterworths. He joined Brightmine in its early days in 2001.

previous post
How employers can prepare for the Modern Slavery Act
next post
Oliver Bonas becomes first high street Living Wage retailer

You may also like

Uncertainty over law hampering legal use of medical...

20 May 2025

Black security manager awarded £360k after decade of...

20 May 2025

Union rep teacher awarded £370k for unfair dismissal

15 May 2025

NHS worker awarded £29k after Darth Vader comparison

8 May 2025

Connect to Work: how businesses can play their...

2 May 2025

Access to Work backlogs and delays costing businesses...

14 Apr 2025

Warning of diabetes risk for workplace drivers

11 Apr 2025

Apprentice with ADHD was fairly dismissed after lunch...

10 Apr 2025

Eight new equality laws in the pipeline

10 Apr 2025

NHS could go door-to-door to tackle ill-health worklessness

7 Apr 2025

  • 2025 Employee Communications Report PROMOTED | HR and leadership...Read more
  • The Majority of Employees Have Their Eyes on Their Next Move PROMOTED | A staggering 65%...Read more
  • Prioritising performance management: Strategies for success (webinar) WEBINAR | In today’s fast-paced...Read more
  • Self-Leadership: The Key to Successful Organisations PROMOTED | Eletive is helping businesses...Read more
  • Retaining Female Talent: Four Ways to Reduce Workplace Drop Out PROMOTED | International Women’s Day...Read more

Personnel Today Jobs
 

Search Jobs

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
OHW+
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2025

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2025 DVV Media International Ltd

Personnel Today
  • OHW+
  • Resources
    • Clinical governance
    • Disability
    • Ergonomics
    • Health surveillance
    • OH employment law
    • OH service delivery
    • Research
    • Return to work and rehabilitation
    • Sickness absence management
    • Wellbeing and health promotion
  • Conditions
    • Mental health
    • Musculoskeletal disorders
    • Blood pressure
    • Cancer
    • Cardiac
    • Dementia
    • Diabetes
    • Respiratory
    • Stroke
  • CPD
  • Webinars
  • Jobs
  • Personnel Today