Claimant v Wrightington Wigan and Leigh Teaching Hospitals NHS Foundation Trust
Outcome
Individual claims
The tribunal accepted Dr Tuano-Donnelly's evidence that she had made the decision to withdraw the conditional job offer, that she had not known about the Claimant's disability and therefore could not have been influenced by it, and that she would have treated a non-disabled applicant who failed to provide satisfactory referees in the same way. The tribunal concluded that the Respondent had shown a non-discriminatory reason for the withdrawal — the Claimant's withdrawal of her original referees.
The tribunal accepted that Dr Tuano-Donnelly did not know that the Claimant considered that she would need adjustments and did not know what the Claimant had said in the occupational health questionnaire. The matters relied upon by the Claimant (the need for adjustments, psychiatric care, and medication) could not have influenced Dr Tuano-Donnelly's decision in any way because she was unaware of them.
Facts
The Claimant, a radiologist with depression, was offered a conditional senior clinical fellowship post. The offer was withdrawn after the Claimant requested that her original referees not be contacted and provided new referee details which were not followed up by the Respondent. Shortly before the withdrawal, the Claimant had completed an occupational health questionnaire disclosing her disability and need for adjustments, but this information was not seen by the decision-maker. The Respondent failed to follow NHS guidance on what to do when references are not provided.
Decision
The tribunal dismissed both claims. They found the job offer was withdrawn because the Claimant objected to her original referees being contacted, not because of her disability. The decision-maker, Dr Tuano-Donnelly, did not know about the Claimant's disability or her disclosure in the occupational health questionnaire. While the tribunal found the Respondent's conduct raised questions and required explanation, they accepted Dr Tuano-Donnelly's evidence that she would have treated a non-disabled person in the same circumstances the same way.
Practical note
Where an employer can demonstrate that the decision-maker had no knowledge of disability or related adjustments, discrimination claims will fail even if the employer's processes were flawed and occupational health had received relevant information, provided there is a credible non-discriminatory explanation for the treatment.
Legal authorities cited
Statutes
Case details
- Case number
- 2411744/2023
- Decision date
- 30 July 2025
- Hearing type
- full merits
- Hearing days
- 4
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Senior Clinical Fellow in Musculoskeletal Radiology
Claimant representation
- Represented
- No