Claimant v The Whittington Health NHS Trust
Outcome
Individual claims
The tribunal found that averaging the claimant's interview score for the post of Islington Operational Lead and not offering her the post as a result constituted indirect sex discrimination. The provision, criterion or practice of averaging interview scores put women (who are more likely to work part-time) at a particular disadvantage compared to men, and the respondent could not objectively justify this practice.
The tribunal found that averaging the claimant's interview score for the post of Islington Operational Lead and not offering her the post constituted less favourable treatment because of her status as a part-time worker, contrary to the Part-Time Workers Regulations 2000. The treatment was unjustified and directly related to her part-time status.
Facts
The claimant, a part-time employee of the NHS Trust, applied for the post of Islington Operational Lead. During the selection process, the respondent averaged her interview score with other assessment scores. This averaging method disadvantaged her and resulted in her not being offered the post. The tribunal heard evidence over three days in June 2025.
Decision
The tribunal unanimously found that the averaging of the claimant's interview score constituted both indirect sex discrimination under the Equality Act 2010 and less favourable treatment under the Part-Time Workers Regulations 2000. The respondent failed to objectively justify the practice. The claimant was awarded £19,000 for injury to feelings plus interest of £3,165.
Practical note
Employers must ensure that recruitment scoring methodologies do not indirectly disadvantage part-time workers or protected groups, and any potentially discriminatory practice must be objectively justified.
Award breakdown
Vento band: middle
Legal authorities cited
Statutes
Case details
- Case number
- 3311590/2023
- Decision date
- 6 June 2025
- Hearing type
- full merits
- Hearing days
- 3
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- Yes
- Rep type
- barrister