An employment tribunal has awarded £115,000 for disability discrimination to an NHS worker with cancer who was required to undergo a competitive redeployment interview. Stephen Simpson rounds up recent tribunal decisions.
NHS worker with cancer awarded £115,000 over redundancy
In Waddingham v NHS Business Services Authority, the claimant received £115,000 after a tribunal held that an NHS trust committed discrimination arising from disability and failed to make reasonable adjustments for his cancer treatment.
Mr Waddingham was made redundant during a redeployment exercise. This involved matching staff to new roles and interviewing them.
Shortly after he started cancer treatment, he applied for a vacant position and was interviewed.
The NHS trust was flexible with the date and time of the interview, and let him take breaks at any time or call a halt to the interview.
He did not perform well 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 to assess him without the need for a competitive interview, for example via previous appraisals.
Mr Waddingham was awarded £115,056.42 in compensation, comprising:
- £73,270.50 for loss of earnings;
- £27,666 for pension loss;
- £5,625 for injury to feelings; and
- £8,494.92 in interest.
Other tribunal decisions in the headlines
Grandmaster loses appeal over claim he was refused job because of Christianity
A chess master claims he was turned down for a job at the top secret GCHQ intelligence base because of his “devout” Christianity and “loyalty to God over his country”, reports the Daily Mail.
Unions reach multi-million-pound equal pay deal with Fife Council
Hundreds of female Fife Council employees will share in a multi-million-pound windfall after unions revealed they had reached an equal pay settlement with the local authority, says the Scottish Courier.
Durham County Council inquiry over £1.5 million tribunal payout
An inquiry is to be held into how an employment tribunal payout of £59,000 to a County Durham school teacher ended up being £1.5 million, according to the BBC.