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AbsenceTribunal WatchNHSDisability discriminationReferences

Employer withdrew job offer due to sickness absence

by Stephen Simpson 9 May 2016
by Stephen Simpson 9 May 2016 The worker has originally been offered a job as a helpline adviser. Photo posed by model.
The worker has originally been offered a job as a helpline adviser. Photo posed by model.

An employment tribunal held that a nurse was the victim of discrimination arising from disability, after her prospective employer withdrew a job offer after seeing a record of previous absence.

Disability discrimination: withdrawal of job offer because of sickness absences
In West v Yorkshire Ambulance Services NHS Trust, the tribunal upheld a discrimination arising from disability claim against an employer that withdrew a job offer when it discovered the extent of the claimant’s previous long-term ill-health absences.

Disability absences

£30,000 for employee dismissed for disability-related absences

Negative verbal reference and job offer withdrawal

Director’s unsympathetic comments about mental illness

Mrs West, a nurse with a disability, was offered a job as an NHS helpline adviser. The offer of employment was conditional.

Her previous role in the NHS ended following an 18-month period of long-term sick leave.

The offer of employment was withdrawn after her prospective employer received her reference from her previous employer and an occupational health assessment.

Mrs West claimed in the employment tribunal that the withdrawal of the job offer constituted discrimination arising from disability under the Equality Act 2010.

The tribunal upheld the claim of discrimination arising from disability.

The employment tribunal was struck by the speed at which the decision to withdraw the job offer was taken once the employer had received the reference and occupational health report.

The tribunal concluded that the main reason for the withdrawal of the job offer was that the nurse’s previous absences had put doubt in managers’ minds as to her ability to do the job.

Discrimination arising from disability under Equality Act

It is unlawful for an employer to treat an employee unfavourably because of something “arising in consequence of” his or her disability where the employer knows, or could reasonably be expected to know, that the employee has a disability.

An employer can successfully defend a claim if it can justify the unfavourable treatment on the basis that it was a proportionate means of achieving a legitimate aim.

At the time of this judgment, remedy was still to be decided.

Read more details of the case and practical tips in the light of the judgment…

 

Other tribunal decisions in the headlines

Tullis Russell paper firm workers receive £1.5 million in compensation
Former workers of a Fife paper firm have been awarded £1.5 million in compensation after they were made redundant with just one day’s notice, according to the BBC.

Victory for Dudley Council tradesmen over holiday pay rights
Tradesmen working for Dudley Council have secured the right to be paid holiday at the level of pay they usually earned – not just at their contractual pay level, reports the Dudley News.

Lower league football team could go bust over tribunal award
It has been claimed that a football team could go bust if they have to pay just £7,200 compensation to a receptionist following an employment tribunal, reports the Mirror.

Walsall admin officer awarded almost £14,000 for unfair dismissal
A government administration officer accused of breaching data protection policies by flagging up confidential details of two tax payers has been awarded more than £13,000 for unfair dismissal, says the Walsall Advertiser.

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PC wins racial discrimination case against Kent Police
A tribunal has concluded that a police officer was subjected to racial discrimination at work, Kent Online reports.

Fired currency traders fight back
An ex-Citi trader’s employment tribunal win could spur on other fired currency traders waiting for their day in court and encourage more women to bring unfair dismissal claims, highlights Euromoney.

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.

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